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HomeMy WebLinkAbout1956-06-30 ZONING BY-LAW NORTH ANDOVER TOWN OF N0;'~TH ANDOVER ZONING BYLA¥~S. June 30, 1956 2.) SECTION 2. DEFINITIONS For the purposes of this Bylaw, the following words and terms as used herein shall have the meanings or limitations Of meaning hereby defined, explained Or assigned: 2.1 FANILY. Any num3oer of individuals living together in one suite of rooms as a single housekeeping unit, and having one principal cooking and food storage outfit in co~m~on among them in such suite. 2.2. 0h~E-FA;~!LY DW~.LING. A dwelling built singly and apart from any other build- ing and intended and designed to be occupied and used exclusively for residen- tial purposes by one family. 2.3 TWO-FAMILY DWELLING. A free standing building intended and designed to be occupied and used exclusively for residential purposes by each of not more than two. families. 2.)~ LOT. An area of la nd in one ownership with definite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the m site of one or more buildings or for any other definite purpose. 2.5 STH~;:k~T. A public way, or a private way open to travel by the general, public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.6 BUILDING. The word "building" shall include the word "structure," unless t~he context unequivocally indicates otherwise. 2.7. EHECTW~. The word "erected" shall include the words "built" "constructed", "reconstructed," "altered," "enlarged." and "moved." 2.8. STOH¥. That portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than one-half of such portion verticially is velow the mean finished grade of the ground adjoining such building. 2.9. HALF STORY. A story directly uhder a sloping roof in which the points of in- tersection of the bottom of the rafters with the interior faces of the walls are less than three feet above the floor level. 2.10.FRONT Y~. An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands. 2.11 R~R Y~RD. An open space extending across the entire width of a lot between thereat of any building thereon and the rear lot line of the lot on which such building stands. 2.12 SIDE TA~. ~_u open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extend between the front yard and the rear yard on such a lot. Section ~.. D~'I~ITIONS was voted unanimously to accept, as rsad. So declared. ZONINC D~STF, ICTS AND BOUNDY~HiES. SECTION 3. ).l The Town of North Andover is hereby divided into zoning districts designa- ted as follows: HUH~LL HESID~'~'CE DI STR! C TS COUNTRY RESIDE}.~CE DISTRICTS VILLAGE i~SESID~:CE DISTRICTS NEIGHBORHOOD BUS!~fESS DISTRICTS Gk~,iEi{AL BUSIifESS DiST-~ICTS INDU SCHIAL DISTIiICTS. Section 3.1 was a unanimous vote and so declared. ~.2 In the event of any discrepance between the ~oundaries of the zoning districts as shown on the official map and as hereinafter described or defined, the descriptions hereinafter set forth shall govern, as amended. Section ~.2. was a unanimous vote and so declared. 5-5 Rural Resodence Districts. Every part of the Town of North Andover not otherwise hereinafter designated CountryF Hesidence, Village Residence, Neighborhood Business, General Business or Industrial District is hereby expressly declared to be in Rural Residence District. Section 3.~. was a unanimous vote and so declared. TOWN OF NOHTH AND0~R ZOniNG BYLAWS JUNE 30, 1956 3. ) Country hesidence Districts. 5.41 That part of North Andover Township surrounding the old colonial North Andover Center and extending beyond to the particular boundaries recited below, except such areas within said Country Hesidence zoning district boundaries as may subsequently'be duly declared to be in any other kind of zoning district. Northeasterly and easterly by the thread of ~tevens Mill Pond beginning at Stevens Street. Easterly and northeasterly by the location line of the former railroad right of way(in 1955, used as an electric power line right of way) from its crossing over the thread of water inflow to Stevens Pond to a point on said location line 250 feet northwesterly from Marbleridge Ro~d center line; Generally easterly by a line parallel to and 250 feet westerly from the center line of ~arbleridge Road be~een said former railroad location line and a point on the center line of' Johnson Street, 250 feet northwesterly from the center line of ~rbleridge Road; Southerly by a straight llne connecting the point aforesaid on.the center line of Johnson Street and a point on the center line of ~hrnpike Street 250 feet northwesterly from the center line of Hillside Road; Southeasterly by a line parallel to and 250 feet northwesterly from the center line of Hillside Road, between Turnpike Street and the Andover Town line; southwesterly by the Andover-North Andover town line between Hillside Road and ~averley Road; Northwesterly and westerly by thevarious courses of the North Andover Town line, from the Andover-Lawrence-NorthAndover common boundary point on or close to ~averly Head, to a point on t he North Andover town llne about 150 feet southerly from the center line of Greene Street; ~ortherly and northeasterly by a line parallel to and 150 feet ~outherly from the center line of Greene Street, between the Lawrence-North Andover boundary and Linden Avenues Easterly by a li~e parallel to and 100 feet westerly from the center line of Linden Avenue, Southerly by a line parallel to and 100 feet southerly from the center line of Woodstock Street and said line extended tangent easterly to Nassachusetts Avenue; Northeasterly by that portion of the center line of Massachusetts Avenue between its intersection with a line parallel to and 100 feet southerly from ~oodstock Street center line extended, and Chickering. Road; Southeasterly by Chickering ROad center linebetween M~ssachusetts Avenue and Phillips Brooks Road; Northerly by the center line of Phillips Brooks Road between ~ssachusetts Avenue and 0sgood Street; ~esterly by thecenter line of 0sgood Otreet between Phillips Brooks Road and Bay State Road; Northerly by a tangent extension easterly of the center line of Bay State Head between 0sgood Street and Court Street; ~esterly by the center line of Court Street between said Bay State Road center lineextended ar~ the jt~tion of Pleasant Street, Court ~treet, 0sgood Street and Pare Street; Northerly by the center line of Pleasant Streetbetwecn the aforesaid Junction and Stevens Street; Northwesterly by the center line of that short portion of Stevens Street between its intersection with Pleasant Street and its crossing over the outflow thread of Stevens ~ill Pond to the point of beginning. Section 3o~ Country Residence Districts, SUb Sec. ~.~ was ~ unanimous vote arid so declared. 5.~2 That ~ rt of North Andover township adjoining the westerly side of 0sgood Street between Sutton Street and Chtckering Road as more particularly boarded and described below, except such portions of the area within said Country Residence Zoning District boundaries may subsequently be duly declared to be in any other kind of zoning district. ~Yorthwesterly by Sutton Street Center Line; Northeasterly by 0sgood Street center line between Sutton Street and Chickering Road. Southeasterly by Chick~rlng Hoadcenter line between Osgood Street and the former Salem Railroad at Chickerin~ Road. Southwesterly by a line parallel to and 200 feet northeasterly from the location line of former Salem R~llroad right of way between Chicke ring Road and Prescott Street. Northerly by Prescott Street center line; V~esterly by a line parallel to and 125 feet easterly from Moody Street center line and s~id line extended across Chadwick Street from Prescott Street to Sutton Street. Section ~.~ Sub.Sec. 5.42 was a unanimous vote and so declared. TOWN OF NOBTH ANDOVER ZONING BY LAWS JU~E 30, 1956 ~. ) Village Residence Districts. 3.$1 That built-up northwesterly portion of North ~ver, mainly northerly of Greene Street and of Massachusetts Avenue and mainly westerly of Chicker- lng. Road, more particularly bounded and described below, except such areas within said Village Residence zoning district boundaries aB may subsequently De declared to be in any other kind of zoning district° Northerly by that portion of the North Andover town line between the inter- section of the Shawsheen Hiver with the Boston & Maine Railroad location line at the ~ity of Lawrence Boundary, ar~ the intersection of the North Andover town line with the center line of Marblehead Street extended; Easterly by a portion of Marblehead Street center line; Northerly by Belmont Street center line between Marblehead Street and a point on Belmont Street ~enter line about 200 feet easterly along said line from its intersection with the center line of Patriot Street; Westerly by a portion of a line parallel to and 200 feet easterly from Patriot Street center line between Belmont Street and May Street; Northerly by the center line of Nay Street; Easterly by a line parallel to and 225 feet westerly from the center line of Main Street; Northwesterly by a line parallel to and 100 feet southeasterly f~om Sutton Street center line; Northwesterly by a portion of i~in Street center line; Northeasterly by the center line of Water Street between second Street and ~errimack Street and by a small portion of t.he center line of Merrimack ~ Street and Elm Street and by a line parallel to and 225 feet southwesterly from the center line of Water Street between Merrimack Street and Elm Street and by a portion of the center Iine of Elm Street;Northeasterly by the center line of Water Street and said line extended between Elm Street and Clarendon Street, and by a portion of the center line of Clarendon Street; Northeaster- ly by the center line of East Water Street between Clarendon Streetn and Chickering Road, by a portion of the center line of Chickering Road by the center line and the center line extended of Wayne Street, so called,between Chickering Road and 0sgood Street; Southeasterly by a portion of the center line of 0sgood Street between Wayne Street and a point on 0sgood Street center line $50 feet from its intersection with Phillips Court center line; Northeasterly by a line parallel to and 1~5 feet northwasterlyfrom that line of Phillips Court thattrends approximately S ~5©, 26' E, and such line cx- tended to Osgood Street; Southeasterly by a line parallel to and 120 feet southeasterly from that line of Phillips Court thattrends approximately S 4~©, ~' W; Southerly by the center line of Pleasant Street between a point on said center line 120 feet southeasterly from its intersection with the center line of Phillips Court to the intersection of center line of Pleasant Street and Court Street; Southeasterly by the center line of Court Street between Pleasant Street and the center line of Bay State Hoad exten- ded tangent easterly from 0sgood Street to Court Street; Southerly by the center line of Hay State Hoed extended easterly between Court Street and 0sgood Street; Easterly by the center line of 0sgood Street between Bay State hoad and Phillips Brooks Hoed; Southerly by the center line of Phillips Brooks Road between 0sgood Street and Chickeming Road; South- easterly bY a portion of Chtckering Road center line; Wouthwesterly by that portion of the center line of Massachusetts Avenue between Chickering Road and a line parallel to and 100 feet southerly from Woodstock Street center line, extended; Southerly by a line parallel to and 100 feet south- erly from the center line of Woodstock ~treet; Westerly by a line parsllel to and 100 feet westerly from Linden Avenue center line. Southerly by a line parallel to and 150 feet southerly from Green Street Center line; South- westerly, westerly and northwesterly by that winding portion of the North Andover town line between a line parallel to and 150 feet southerly from Green Street, and the intersection of t~Shawsheen River with the Boston & ~.~tne Railroad location line at the City of Lawrence Boundary. Sec. 3.5 Sub.Sec. ~.51 was a unanimous vote and so declared. ~.52 A small area both sides of Saunders Street near Sutton Pond, bounded: Northerly by the northerly sideline of that portion of Saunders Street that trends approximately E 7©, 30' N and said line extended easterly to the shore of Sutton Pond; Northeasterly by the southwesterly shore of Sutton Pond; Southeasterly by a llne at a right angle to Saunders Street center line at its southerly terminus; Southwesterly by a line parallel to and 180 feet northeasterly f~omMain Street center line between t~he line across Saunders Street southerly terminus and the s~utheasterly side line of the Town of North Andover bradstreet School lot, Northwesterly by a short portion of said Bradstreet School southeasterly lot line; Southwesterly by a line parallel to and 125 feet southwesterly from that portion of Saundere ~treet center line that trends in two courses about N ~5©, O' W and N 2~©, 50' ~, between the aforesaid Bradstreet School southeaste~, y lot line and the aforesaid Saunders Street northerly sideline trending E 7©, ~0' N;. Sec. ~5 Sub Sec. 5.52 was a unanimous vote and so declared. TOWN OF N0_LTH ANDOVEH ZONING BY LAWS a-ows 195 5. ) 3.5~ That small north central portion of North Andover, bounded: Northerly and northwesterly by, that portion of Sutton Street center line between a point 125 feet from Thorndike Street center line and a. line parallel to and 125 feet easterly from Moody Street center line, extended to intersect Sutton Street; Southerly by Prescott Street center line; Southwesterly by a line parallel to and adjoining the former Salem Railroad right of way location line between a point near the Junction of prescott, High and Elm Streets and a Point near the southeasterly end of Thorndike Street and thence by a line parallel to and 125 feet southwesterly from the center line of Thorndike Street. Sec. 5. Sub, Sec. }.53 was unanimous and so declared. 5.5h A s~ll area on the northwesterly side of Sutton Street bounded; south- easterly by the center line of that portion of Sutton Street between a point on Sutton Street 300 feet northeast of Methuen Street and a point on Button Street 125 southwest of Thorndike Street. Northwesterly by ~ line parallel to and 750 feet northerly from the center line of Sutton 'treet, between a point on Sutton Street 300 feet northeast of Methuen Street and a point on Sutton Street 125 feet Southwest of Thorndike Street° Sec 3. Sub Sec. ~.5~ was a unanimous vote and so declared. 3.6 Neighborhood Business Districts. Land within the districts described below is hereby deolardd to be Neighborhood Business Districts. 5.61 At North Andover Center south of the Co~aon both sides of Johns~o~ Street bounded; Northeasterly by a line parallel to and 90 feet northeasterly From ~ . the northeasterly sideline of Johnson treet, Southeasterly by a line parallel to and 200 feet southeasterly from the southeasterly side line of Andover Street and said side line extended tangent all the way across Johnson Street between its west and east side lines; Southwesterly by a line parallel to and 75 feet southwesterly from the southwesterly side line of Johnson Street; Northwesterly by that portion of the southeasterly side line of Andover Street and said line extended tangent all the way across Johnson Street between a point on said Andover Street line approxlm~tely 75 feet westerly along it from its intersection with the southwesterly side line of Johnson Street and a point on said Andover Street line about 90 fee~ northeasterly along it frcm its intersection with the northeasterly side line of Johnson Street. Sec ~.6. Sub Sec. 3.61 was a .unanimous vote and so declared. 3.62 Land in North and. over with the buildings thereon bounded and'described as follows: Beginning at a point on the southwesterly side of Middlesex Street, 'in the northeasterly corner of the premises in question; thence running south- westerly 180 feet to a point at the intersection of ~averly Road and Harold Street; thence turning and running soUthwesterly 80 feet to a potnt;~x~ thence turning and running northwesterly 200 feet to a point in the south side Middlesex Street; thence turning and running northeasterly 66.5 feet to a point; thence,running, in an easterly direction along the southwesterly side of Middlesex Street 94.95 feet to the point of beginning. Sec. 3°6. Sub. Sec. 5.62 was unanimous and so declared. 3.63 A parcel of land in North ~ndover together with the buildings thereon, bounded Beginning and described as follows: Beginning at a point in the no~th- westerly side of Middlesex Street at the intersection of Middlesex Street and Waverly Road in the southwesterly corner of the premises in question; thence running northeasterly 120 feet along Waverly Road to a point; thence turning and running southwesterly 193 feet to a point; thence turning and running southeasterly 90 feet to a point in the northwesterly side of ;~i'~- · ~lesex Street thence turning and running northeasterly along the northwesterly side of ~liddlesex Street 156 feet to the point of beginning. Sec. 5.6. Sub Sec. 3.63 was a unanimoUs vote and so declared. 5.7 Ga~eral Business Districts. ~.71 Portions of both sides of Main Street and of Water Street more particularly bounded aud described as follows: Northerly by a portion of the former Salem Hailroad location line; Easterly by a line parallel to and 165 feet easterly from ~in Street center line between the former Salem Railroad location line and Saunders Streets Northeasterly by a line parallel to and 125 feet southwesterly from the center line of that portion of Saunders street that trends in two courses about N 2~°, 30' W and about N ~5° 0' W; Southeasterly by a short portion of the Bradstreet School southeasterly lot line; Northeasterly by a line parallel to and 180 feet northeasterly from Main Street center line, and extending some 700 feet or more in length · between said Bradstreet School southeasterly lot line and a point on the shore of Sutton Mill Pond generally southeasterly of the intersection of Second, Main and ¥~ater Streets; Northeasterly by the southwesterly shore of Sutton Mill Pond; T0~;~!hT 0F NORTH AN]~0~.,~ ZONI~D DY LAWS JUNE 30, 1956 Sec 7. Sub. Sec. 3o71 Ccn't. Southeasterly by aline at a right angle to Water Street center line and passing through a point thereon about 105 feet southeasterly from the center line of MerrimaCk Street; Northeasterly by the center line of %~ater ~treet between ~,~errim~ck Street and Elm, Street; Southwesterly by a line parallel to snd 225 feet southwesterly from Water Street center line between Elm Street and ~errimack Street; Northwesterly by a short portion of Neff!hack Street center line; Southwesterly by Water Street center line between Nerrimack Street and ~,~in Street and by a short portion of },~ln Street center line near Second Street; Southeasterly b~ a line p~rallel to and 100 feet southeasterly from Second Street center lines, Southwesterly and westerly by a line parallel to ~nd 22~ feet southwesterly from Nain Street center line between ~mond Street and Nay Street; Northerly by a portion of Nay Street center line; ~esterly by a portion of ~in Street center line between I~y Street and the for~er Salem Emilroad location. Sec. 7. Sub. Sec~ 5.71 was a unanimous vote and so declared. ~o72 In tho llcrtherly sector of the intersection of Turnpike Street and Andovcr Street the following two parcels of land: (1) The parcel of l~nd with buildings thereon presently known as Thomson's ~estaurant bounded: Southeaster~y~by ~ndcver Street center line; Southwesterly by Turnpike Street center line, Northerly by land now or formerly of Ethel Freeman, (2) The parcel of land with buildings thereon presently kncwn as the ?urniture Darn boun~ed an~ described as follows: Deginning at a point in the Northerly line of Salem Turnpike, said point being 280 feet Northerly from a stone bound ~rking the ~sterly end of a curve at the Junction of Salem Turnpike and Andov~r Street; thence Northwesterly by the Easterly line of Turnpike feet to a point; thence Northeasterly 591o72 feet to a point; thence South- easterly 172.0~ feet to a point on the ~esterly line of Andover Street; thence Southerly by the ~esterly line of Andover Street 207.95 feet to aEpoint, said point being 187o50 feet Northe~y from a stone bctuud marking the asterly end of a curve at the Junction of Andover Otreet and the Salem Turnpike; thence Westerly 295,33 feet to the potn~ o~glnntn~, The vote on Sub Sec. 5.72 w~s AF~I~.~'~VE lO1. ~EGAT£~E 19. So voted. ~-7~ V0-~ED' That the propcsed rev~.sion of the North Andover Zoning Eylsw and the map made a part thereof be amended by striking and removing all of Section 3-75 from the proposed revision and by deleting from the map ~r,y markir~ of the area included in saidsection as a business district. The vote on Sub sec. 3.73 was AFFIR;~ATII~ 171, NEGATIVE 24, So voted. Sec. 7. Sub. Sec. .74 Continned on next sheet. 0F NORTH ANDOVER ZONING BY LAWS JuN2 30, 7.) mrm~ m exlaten~e be zoned as General Business. In addi- tion, the Board will reee~unen(l that other businesses, likewise im ~existeal~e,.. be sa z~Jled ff and when proper deseriPtlons by (1) The land in North Andover with the buildings thereo~ presently known as ThomBsen's Restaurant, bounded and described as follows: Beginnin~ at a stone bound on the Salem Tm-npike, so- called, and then runnin~ northerly 35°- 44'-55" west t~o hundred and eighty feet to a point, thence; in an Eest-' erly direct/on two hundred and ninety-five a~d 53/100 f.eet, by land now or formerly of Ethel M. Freeman t~ Anoover Street, se-eal]ed, thence; Northerly 20-27'-05 east one hundred and eighty-seven and. 50/100 feet to a stone bound on Andover Street, thence; in an arc seventy-four and 99/100 feet to the bound first men- tloned bein~ the point of be~t~nj~, con~ 35,56?.4 square feet. (2) The land in North Andover, with the buildings thereon, presently known as Charles Steak House, located on the westerly side of Os~ocd Street, bounded and described as follows: Northerly 200 feet by the south- erl.v side of Sutton Street; easterly by the westerly side of said Osgoood Street'330 feet; southerly 200 feet by other land of the said Effle C. Kostandin; and westerly ~s0 feet by land now of the City of Lawrence. (3) Land in North Andover with the buildings thereon, presently known as Little Red Seheo] House bounded and described as follows: Be~nning at a stone bound in the westerly line of Os~eod Street, which stone bound is at land now or formerly of Hayes; thence running westerly by ]and now or formerly of Hayes ~1_0 feet to a stone bound; thence turning and nmnin~ northwesterly by land of said Hayes, 125 feet more or less:, to. a.n '?n. pipe; thence turnir~ and runnin~ soumer~y oy renu now or formerly of Steinberg, 141 feet to a stone bound; thence turnh~ and rtmning south- easterly by land now or formerly of Steinber~ 156 and 5/10 feet to a stone bound; thence turning and rannin~ southwesterly by land now or formerly of SteinberE 66 feet to a stone bound; thence turning and running southeasterly by land now or formerly of Steinberg 206 feet to a stone bound at Osgood Street; thence turning and running northerly by the westerly line of Osgeod Street about 28~ feet to a stone bound at Point of be- ~inning, containing about 59,000 square feet. i4) The parcel of land presently known as the Blue Fox, in North Andover, on the more or less ncrttherly side of Great Pond Road, beir~ shown on Plan of Land owned by Stefanowicz, North Andover, Mass., Charles E. Cyr, C. E., April 1947, which paree! is bounded and described as follows: Be~nning at a stone bound in the northwesterly inter- section of Osgood Street and Pond Street, and thence running northeasterly aion~ said Osgood Street 404 and 11/100 feet to a stone bound in the more or less southerly side of Osgood Street; thence turning and runnin~ more or less southeasterly by lots numbered 61, and 60, as shown on said plan 203 and 36/100 feet to the westerly side of a proposed street as shown on said plan; '~hencc ~turnin~ and rurming southwesterly along sa~d westerly side of said ])reposed street 330 and ~7/]00 feet to Great Pond Ro~d; thence turninE and running along the more or less northerly side of Great Pond Road 347 and 60/100 feet to a stone bound in said northerly side of Pond Street; thence turnin= and rurmin~ northwesterly 44 and 82/100 feet to the stone bound, the lx~int of beginning; containing 2-~ aercs, more or less. {5) The ]and in North Andover with the buildings thereon presently known as Faro's Diner located on the south side of Osgood Street, bounded and described as fol- lows: Southeasterly by Barker Street 590 and 15/100 feet; southwesterly in two courses by Osgeod Street 221.85 feet and 14.5 feet; northerly by land of Barker ai~n~ the bed of an old wall 242 feet; and northeasterly again by land of Barker 8.99 feet, all of said measure- merits bein~ as shown on plan of ]and owned by Stef~no- wies, Nnrth Andover, Mass., Au2ust 1947, Charles E. (6) Land in ~orth Andover, together with the bnildinEs thereon, located on the southeasterly side of Chieker- lng Road presently known as the Hi-Spot, being bounded and described as follows: BegLnnlr~ at a point in the northwesterly corner of the premises in question on the southeasterly side of Chickerlng Road; thence running Southeasterly 150 feet to a point; thence turning and running southwesterly 155 feet to a point; than turnir~ and running northwesterly 155 feet to a point on the southeasterly side. of Chiekering l~ad; thence turnir~ and running northeasterly along the southeasterly side of Chickering Road 15~ feet to the point of beginning. (7) The land in North Andover, with the buildings thereon, presently known as Woody's, bounded and described os follows: Northerly 226 feet, more or less, by land now or late of Coolidge, ~outheasterly, 2B0 feet, more or less, by Chickering Street, southerly 30 feet, more or less, t by land now or formerly of Schruender; and westerly, 175 feet, by land now or late of one Melamed. TOWN OF NORTH ANDOVEE ZONIHG BYLAWS JUNE 30, 1956 8.) (8) A parcel of land, .with the buddhas tnereO.~ used for a ~Hne f~ng ~ation situa~ m ~o~nl ~dover ~unded and de~ as lotion: ~outh-[ w~erly by M~ach~ts Avenue ~ f~; no~hw~-~ ~ly by land now or fo~erly of ~ff 12~ f~t;[ no~he~ter~ by land now or fo~erly of Mo~oy 110.37~ feet; ~d ~utheasterly by ~ St~t ~.~ f~t. And ~ a p~el of l~d ~th the b~ pr~ently kno~ ~ ~e To~ L~ ~a~, on the no~heasterly ~de of Ma~a~tts Avenue No~h Andover a~ ~und~ ~d ~ ~ foHo~:~ B~ing on Ma~ach~etts Avenue at land now or~ for~er~ of T. E. Foye; th~ r~ng ~hw~terly by the no~he~t~ly l~e of M~ach~etts Avenue{ a~ut ~3 f~t to the southe~erly pi~ of the bri~e~ on M~sachusetts Avenue over the Shawsh~n ~ver;{ th~ t~ing and ~n~ng no~heasterly, e~terly and ~uthe~terly by said River about ~ f~t to land ~wl or fo~er~ of said T. E. Foye; thence t~ and ~ing ~u~w~terly by said Foye land a~ut f~t to Mass~h~tts Avenue at the ~int ~ ~. ~nta~ a~ut ...~ squa~ f~t. And al~ a ~el of land ~th the b~n~ th~n~ sit~t~ in No~h Andover on the no~e~ ~de of Ma~etts Avenue ~d bonded as foH~: B~ ~ng on said ~d at t~ ~utheasterly ~er of ~d lot and land of John Ca~y; thence no~hc~Oerly by said C~y's land ]~ fe~ to a ~int; thence no~h- westerly by land fo~erly of ~. L. Webster by a ~ig~ line to and thmu~ a ~ple t~ stan~ng near the ~ge of the Sha~heen River 1o said ~ver; thence up ~d ~ver bonn~ng by said ~ver to a Hne ~ ~m a ~int in the no~heasterly line of said mad to s~d Hv~r, which Hne is par~lel with ~ 1~ f~t ~stant no~h- w~terly from the no~hwesterly line of ~d Carey's l~d and ~d fi~t mentioned; thence southwesterly by ~d ~r~lel line on other land fo~er]y of J. L. Webster to s~d ~ad; then~ southeasterly by ~id ~d 1~ feet to the ~int of ~ ~e a~e ~ p~cels ~ ~ included in one tra~. (9) ~d in No~h Andover, together ~th the b~l~ ther~ p~sently kno~ as B~Fs ~al H~pit~, ~ded and dese~bed ~ folly: Be~ni~ at a ~int on the ~outhe~terly side of ~cke~ng R~d in the no~w~t corner of the p~ ~ qu~tion; the~e ~ng ~utheasterly 125 feet to a ~int; then~ i~ and ~i~ ~ulhwesterly, ~ f~ to a ~int; then~ tu~ing and ~nning no~h~sterly 125 f~t to ~int on ~he southeasterly side of ~icke~g thence ruing and ~nn~g no~heast~]y 2~ f~ al~n~ the s~the~terly side of Chicke~ng ~oad ~o the ~{n~ of ~g; ' ' t e (10) A ~el of land in No~h Andover ~th buil~ her - on. pr~ently including Hollins Se~ice Station and the Middlesex Marke~ located on Mid~esex Steer, Mas~- ch~etts Avenue and Pe~ Steer, bonded ~d d~d as follows: ~ at a ~1 at tion of Per~ Strut and M~g~achusetts Argue ~d ~g ~u~w~terly on Massachusetts Av~ue f~t, mo~ or le~ to the j~ction of ~d~ St~t, then~ ~utheaster~ ~ i~t; ~ence ~h~er~ f~t to a ~t; thence no~hw~erly ~ f~t mo~ or less, to a ~int; thence no~he~ter~ S1~t; thenc~ no~hw~erly 145 f~ to the ~t of ~ng. (11) A ~cel of land in N~h ~dover ~th b~&n~ the~ on, now or formerly the p~y of ~ D. Gle~, bonded and de~ri~ as follows: Sta~ing at Shawsh~n River ~o~ B~hw~ 1~ feet no~he~terly to B~hw~ St~t; the~e ~sterly ~ feet to a ~int; thence no~heaste~ feet to a ~int east by no~st 115 to a ~int the~ southw~terly ~ feet to a ~t; then~ east~ly 115 feet to a ~int, thence ~uthw~ter~ ~ f~ to a ~t; thence to the Sha~h~n Riv~ foUo~g To~ ~e of No~h Andover 7~ f~t mo~ or 1~ to the sta~g ~t at B~hw~ and S~h~n ~wr. (12) A ~el of land ~ No~h ~dover ~th b~ the~on, presently the Glen~e's ~ PI~ ~d~ and desc~b~ ~ foHo~: ~ at a ~t on t~ no~he~terly side of M~ach~tts Avenue ~ the south~sterly corner of ~e pr~ ~ ~tion then~ ~g no~hwesterly ~ feet ~oo~ M~us~ts Avenue to a ~t; thence tu~ and ~ no~ e~erly 2~ feet to a ~t; thence t~g and ~uthe~te~ ~.8 feet to a ~t on the w~ter~ ~d~ of M~blehead St~t; th~ce t~ng ~d ~r]y ~.8 fe~ to a ~Jnt on the no~t~ of W~ St~; ~en~ tum~ ~d ~ ~uth- we~er~ 1~.5 f~t to the ~t of ~. The first twelve (12) items of section were a unanimous vote and so declared. TOWN OF NORTH-ANDOVER ZONING BYLAWS JUNE 50, 1956 9. ) SeOtion 5.7k Continued. (15) A parcel of land in North Andove_r, together with the building thereon, presently known as McAloon's Package Store, bounded and described as-follows: A certain parcel of land at the Junction of Pleasant Street add Franklin-~Street, beginning at an intersection at the southerly line of Pleasant Street with nor~t.herly. 1.ine of Franklin Street to beginning~curve of said street line; thence sou~nwester-y still by said northerly line of 'rankltn Street by a curve of ?2.22 feet radius to end of said curve; thence westerly still by northerly .llne of ~:ranklin Street 59 feet more or ~ ss to easterly line of Chickering Road, thence northerly by easterly line of Chicke~ing Road abeut 52 feet to remaining part of Lot 59; thence northeasterly by said Lot 59, 59 feet more or less to scut southerlyw line of Pleasant Street; thence~ bv~ said southerly, llne of Pleasant Street esterly 120 feet to the point ofbeginning. The vote on Section 3.74 Item 13, was unanimous and so declared. It was furthe~ moved and seconded under the above Item 1~ by adding thereto a certain parcel of land situated at Franklin and Avon Streets, North Andover, ~,~ssachusetts, being shown as LOt #36 on a plan of lan owned by ~eorge W. Ru~ell and recorded with the North Essex District ~egistry of Deeds, Book 182, Page 600, bounded and described as follows: Northerly by Franklin Street fifty (50) feet. Westerly by Lot #37, Southerly by Lot #35 and ~asterly by Avon Street, all shown on said plan. Containing abo~t 5,000 square feet, more or less. Excepting therefrom that portion of theabovedescribed premises taken by the Commonwealth o~ I~assachusetts by a taking dated ~y 12, 1951 and' recorded with said North Essex District Registry of Deeds, Book 59~, Page 4. Thc vote was unanimous and so declared. (14~ (15) A parcel of land m North Andover, together v~-th t~ buildings thereon, presently known as Campbell Market, bounded and described as follows: Begirmi~ at a point on the westerly side of Waverly Road feet northerly from tim ~ortberly line of Union Street; thence running northeasterly by said Waverly Road 86 feet to land Once of Miel~ml J. Doeley; thence turning at a right angl~ and running qorthwesterly by said land once of Michad J~ Dooley 63.? feet to a point by land now or once of ~ and John Doole¥; thence turnoI ing and running by said land now or once of Thomas and Jolm Doo]ey 107 feet to Waverly Road to the point of beguming. First Parcel--A certain parcel of land in North. An. dover, together with the buildin~ thereon, presently! known as the K. M. Crawford Company, bounded and described as follows: North 50 feet by the southerly line of Middlesex SWeet; thence east 1O0 feet by 1~o. ~ on said plan; thence so~th 50 fee~ by lot No. 64 on said plan; thence west 100 feet by lot No. ~ Second Parcel--A certain parcel of ]and in North dover together with the buildings thereon, owned by Kenneth M. Crawford and ]~sther 1~. Crawford bounded and described as follows: Beginning at a point in easterly line of Marblehead Street 100 feet northerly from the intersection of the easterly line of Marblehead Street with the northerly line of Unfon Street at land no~ owned now or once by L~ll~an 1VL Schmottlach and Alfred G. Schmottlach a~l thence running ]~ortherly 190 lest more or less, alone said easterly line of Marblehead Street; thence runni~ easterly ~ feet by lot "A" on plan of ]and designated "Division of land belong to heirs of Peter Rseves," R. H. E1]~.% Engineer, April ?, 1923, recorded with Essex North District .Registry of Deeds, Plan number 502; thence running southerly 100 feet by Baidv~n Street on plan of la~d of Davis and Furher Machine Company made in 1897; thence ruimin~ west. er]y 07 feet by lot numbered 5 on said plan of Davis and Furber Machine Company; thence runui~ south- erly 90 feet more or less by lot No. 10 on plan ~f Grebe Farm. recorded wit~ F.~ex South Re,larry of Dce~,. book ?08. last leaf; thence rulming Westerly ~88 more or less to the point of be~utr~; bein~ a corral portion of the premises conveyed to the said Arthur Reeves and Mildred B. l~ves by deed ef An~, ]~eeves dated September 16, 1939. A certain p~rcel of land in North Andca~r, t~ether with the buildings thereon, presently known as Farn- ham's Nm~ry, bein~ bounded and described as fol- lows: Starting at the northwes~ corner of the premf~e~ in question at a corner of the wall at the junction Berry Street and Turnpike Street; thence runni~ east erly 44~ feet as the wall stands to a stone bound ·aid Berry Street; thence turnin~ and rum~ south erly 160 feet to a stone bound on 'l~nplke Street~ land and premises southeast of this bound b~ug own~ by Mr. Far, ham and his wife; ~hence turnin~ and running northwesterly by the wall on said Turnpike Street ~3~ feet to a cross wall at the jlmc~lon of ~ Street and said Turnpike Street; thence northerly feet more or less together with any r~h~ or title we may have in the triar~le north of the described premises at Berr~ Street and Turnpike Street. TOWN 0F NO. TH AND0~t ZONING BY LAWS JUNE (17) (18) (19) (20) (21) (22) (23) (24) A certain parcel of land m-North Andover, wgether with the buddings thereon, pre~ently known as Saul's gasoline fil~!-~ station, bounded and described u fol- lows: Said piece of land bounded on the northeast by State H/~hway Pwuto 114 for a distance of ~ feet opposite State"Highway Stations ~178-179-180-181 and bounded on the northwest by Commonwealth of chusetts 29.4S feet on the southwest 36.~46 feet; and by land owned by Edward W. Saul on the southeast 85.67 feet said bounds havin~ been surveyed by Mr. Brasseur and marked by iron pil~e. A certain parcel of land in North Andover, together with the b~lldin~ thereon, presently known as Lou/s H.. McAloon's, Bulldin~ Contracting, bounded and described as follows: Beginai~ at a point in the north- erly line of Third Street in said North Andover, land now or formerly of Stevens; thence runni~ west. erly by said northerly line of Third Street 80.0 feet more or less to a point which is 60.0 feet easterly of the easterly line of Lot 16 on a plan of Moody BridEes, said plan bein~ recora~d at Salem, Book 589; thence turning and running northerly in a line parallel with said easterly line of Lot 16; and 60.0 feet distant there- from to a point in the southerly line of Lot 14; said point being 60.0 feet easterly from the intersection of the eastorly line of Lot 16 with the southerly line of Lot 14 on said plan; thence running easterly by said Lot 14 154.0 feet more or less to land of Keniston; thence southeasterly about 132.5 feet; thence north- easterly 4.0 feet both by Keniston and Stevens land; thence southeasterly by Keniston land 206.0 feet to the point of beginning, or however otherwise said boundary lines run. A certain parcel of land in North Andover, to~ether with the buildings, thereon presently utilized as a market, bounded and described as follows: Northerly 50 feet by Un/on Street; thence easterly 105 feet by land now or formerly of one McNiff; thence southerly 75 feet by lot numbered 4, as shown on said plan; and westerly 120 feet by Lot 2, as shown on sa/d plar~ A certain parcel of land in North Andover, togeth,e,r with the buildings thereon, presently known as Lund Garden Center, bounded and described as follows: Starting at the Boston & Maine Railroad right of way on Chickering, Hoad and ruzminE 300 feet in a north- easterly direction to the land of Alice B. Colgate; thence northwesterly along the land of Alice B. Colgate s distance of 250 feet; thence southerly a distance of feet to the Boston & Maine Hailroad riF, ht of way; thence 236 feet alone the Boston & Maine Hailroad right of way to the point of be~inn/ng. A certain parcel of land in North Andover, together w/th the buddings thereon, presently known as Bill's Auto Service, bounded and described as follows: Bounded easterly by Chickerir~ Road, 250 feet; southerly Park Street, 150 feet; westerly by lots #13-43 and 44 thence northerly by Franklin Street, 225 feet. A certain parcel of land in North Andover, togethe with the buildings thereon, presently known as Lak~ side filling station, bounded and described as follows: Bounded northerly 1S0 feet by OsEood Street; north. easterly 70 feet by Great Pond Ptoad; easterly 125 feet by other land of mine; southerly 185 feet by other land of mine; and westerly, 125 feet by other land mine. A certain l~xcel of land in North Andover, together with the buildings thereon, bounded and described a* follows: First Parcel: Being the land situated in Nortl Andover, and bounded northerly 30 feet by land nm of Gaumond southeasterly 40 feet more or lass Chickering Road; and westerly 40 feet more or less by land now of ~Ielamed, being triangular in shape. Second Parcel: Bein~ the land with buldin~s thereon situat_ed in North Andover, and bounded northwesterly, 231~9_f_eet more or ler~ by Chickerin~ Road; easterly, · ~ feet more .or less by Dufton Court; southerly ~.~ Ieee, more or ieas, by land of Smith; southeasterly, 209 feet, more or less, by land now of Smith and Murray; southerly, 39 feet, more or less, by land of Bielb; and westerly 135.4 feet, more or less, by land now of Carbonero. A certain parcel of land i~ North Andover, together with the buildinKs thereon, presently known as Man- gano's, heine bounded and described as follows: Be- _ '.Kk,~.'. at the ea.~terly /ine of Ch/ckering Road at a l?m~. avou.t ~2.25 feet north from the northeasterly line ox ~le~.n~ ~tl~eet; thence running northerly alone said ~e~eriy une. of Ch/ckerine lh~ad 305.62 feet to a stake; enee turnw. E and. runnin~ northeasterly by land N/F of Village Land Company 35 feet to a pipe; thence turn/nE and running southeasterly 263.9 feet to a stake; thence turnin~ and runnin~ southwesterly by land of Subatch 275 feet to a stake; thence turn/nE and runnin~ northwesterly by land of Messina 76.18 feet to point 1of- be~inning'es~ containin~ 50,000 square feet, more or ) TOW~ OF NO~TH AND0%~R ZOS~INO BYLAWS JU~ 50, 1956 ii.) A certain l~xcel of land in North Andover, pre~ntiy known as Verda's Garage together with the bulldingz tl?reon,.heunded and described oz follows: Beginning au an oa~ stake set in the we~erly line of'Ealem Street, 240 feet more or le-~ north fram the intersection of the westerly line of_m~d g~lem Street with the northerly line of Abbott Street; thence running weeterly 22~40 feet by land now or formerly of Victor Verda ~N~ al, to a ~take set in the ground; thence turning 'and rmuflng southerly by land heretofore conveyed by to Leopold Michalzk~ 136 feet more or less to a stak~ zet in the northerly line of said Abbot~ Street; ther~ turning and running easterly by said Abbott Street, 227~10 feet to another stake ~t in the ground on the said northerly line of Abbott Street; thence turning an~d running with the curved contour of the inter~ction of. said Abhett Street and ~nid ~lem Stree~ to the left and in about a northerly dh--eetion 50 feet more or to another stake set in the ~aid westerly l~n~ of ~ald ~alem Street; thence running northerly by ~d Salem Street 184.40 feet to the point of beginning. Section 5-7~ Items fourteen (l~) to twenty-five (25) Incl. were a unanimous vote and so declared. 26. A certain parcel of lend in North kndover, to~et]'~r w~th the buildings thereon, presently kno~ ~s the DS~ Concrete Products bounded and described as follows: ~eginning at an iron pin on the northerly side of Hillside Road at land of Fran~ P. znd Katherine Hennessy znd running in a northwesterly direction along a w~e ~ence and a stone wall 187.62 f~et to an iron pin; thence turning and r'~n~ng in a southeasterly ~i~E~i~xaxm~-iw_~aml~ direction by other land of the grantors b~ing parcels #2 and ~ as shown on said plan 135.85 feet to an iron pin; thence t~.rnzn~, and runuing in a southerly direction by a hedge arid also by lot #3 as shown on said plan 61.95 feet to an iron pin on the northerly side of hillside Road, ~ich pin is ~0.95 feet westerly from an iron pin on the westerly side of the Andover Dy-Pass; thence turning and r~kuning southwesterly along the northerly side of the said Hillside Road 95.95 feet to the point of beginning. Al~o the lend adjoining in North andover with the buildiugs thereon, presently known as Trembly ~ervice Station, bounded ~nd described as follows: Beginning at an iron pin on the northerly side of said Hillside koad by lot #1 as shown on Plan #267~ in North Essex District ~egistry of Deeds and thence running northerly 61.95 feet to an iron pin; thence turnin~ and running northwesterly 1~5.85 feet to an iron pin in a stone wall by land o~ ~arah Downing H~irs; thence turning ~nd running along ~ stone wall in a northerly direction ~02.88 feet to an iron oin in a stonewall; thence turning and running in an easterly direction 110.95 fee% to an ~ron pin by land now or formerly of the Trustees of l~hillips ~cademy; thence turning and running in a general southerly direction 5~9o0 feet by land of the said Trustees to an iron pin on the westerly s~de of the Andover oy-Pass; thence turning ~.and~nn~ in a southerly direction along the west~rty line of the nndowr By-pass 150o0 feetto an iron pin on the Northerly side of HillsideRoad; thence turning and running along the northerly side of said Hillside kosd feet to the iron pin first begun at. Sec 3-7~ Item 26 was a '~uanimous vote and so declared. (27) Parcel L A certain parcel of land in North Andove~ with the buildings thereon, presently known az the North Andover Paint & Hardware and D~ozier' aVarte.~.y, b~und~ed .and d..escribed as follows: Beginning a po~n~ ~o xee~ sou~r, easterly from the inter~ectio~ of MasSachusetts Avenue and Commonwealth Aveun, . g u~neaster~y 310 leet to a point; theno turning and running ~onthwesterly 100 feet to a point; ,t~h~e~__c_e .t_~.ning an~d ru .n~ing northwesterly 310 feet: ~u~g~ce turrfl~g ana runmng northeasterly 100 feet t~ point of beginning. Pareel II. A certain parcel of land in North Andover with the buildings thereon, presently known as the · ..u uea,~r~oe~ as [ouows: The parcel of land in question ~s located on the southwesterly side of Massachusetts Avenue beginning at a point at the southwesterly corner of land now or formerly of one Longbottom; said point being 100 feet southwesterly for the southwesterly llne of Massachusetts Avenue and 160 feet from the southeasterly line of Commonwealth ........... y ~.r ~ongoottom, Desrosiers, Hen- ~0~Y~: .~l~aorcse, l~.amal and Hennessy, said line hein~ ~uy__jee,~ zr~m a.nd parallel to the southwesterly xv~ussaCntLqe~ts -~.venue, to a POint 113 feet ~'ro~ the or ~ess to the Saaws~ ~/..~ ~.e~_rree~ S00..~eet ~mo.re by the Shaws~ ~, ..... ~?;. tnenee northwesterlyi · ~ ~ver xoo veer moro or less to landl oO~d or formerly of .Ttl~er; thence northeasterly by .now o.r_zo~rmer~y of Turner, Williams, Towne, ogerty aha McDonough 250 feet more or less to the point of beginning containing 74,000 square feet more or less. TOW~' OF ~0~TH A~iDOVEf'~ ZONING BY LA~$ JUi~U~ 30, 1956 12,. (~) (~9) (30) (31) (32) (33) (35) A certain parcel of land in North Andover with the buildings thereon, presently known as Welch's Plumb- lng and Heating, bounded and described as follows: Be- ginning at a point on the southwesterly side of Main Street in the southeasterly coruer of the premises in ,~estion; thence running southwesterly along May feet 160 feet to a point; thence turning and running northwesterly 50 feet to a point; thence turning and running northeasterly 60 feet to a point; thence turn- ing and running northwesterly 100 feet to a point; thence turning and running in a northeasterly direction 100 feet along the Boston & Maine Railroad right of way to a point in the southwesterly side of Main Street; thence turning and running southeasterly along the southwesterly side of Main Street 160 feet to the point of beginning. A certain parcel of land in North Andover with the buildings thereon, presently known as Pappalardo's Variety and Trombly Service Station bounded and described as follows: 175 feat southerly along Main Street to a point; thence 330 feet westerly along the Boston & Maine Railroad to a point; thence 50 feet northerly to a point on the southerly side of Sutton Street; tbonee 375 feet northeasterly along the south- erly side of Sutton Street to the point of beginning. A certain parcel of land in North Andover with the buildings thereon, presently known as Me-~sina's Market bounded and described as follows: Beginning at a point at the intersection of Main and Sutton Streets on the northwesterly side of Sutton Street in the south- easterly corner of the premises in question. 170 feet southwesterly along Sutton Street; thence 60 feet north- westerly to the Boston & Maine Railroad right of way; thence 185 feet northeasterly to a point in North Main Street; thence 135 feet to point of beginning. A certain parcel of land in North Andover with the buildings thereon, presently known as the Veteran's Foreign Wars, Post 2104 bounded and described as fol- lows: Beginning at a point at the northerly intersec- tion of Park Street and Chickering Road; thence running northeasterly 170 feet along Chickering Road to a point; thence turning and running easterly 751 feet to a point on the westerly side of Avon Street; thence turning and running southeasterly 192.24 feel to a point on the northerly side of Park Street; thence' turning and running westerly in two courses 102.89: feet and 59.79 feet along Park Street to the point of beginning. A certain parcel of land in North Andover with the buildings thereon, now or formerly of Driver bounded and described as follows: Beginning at a point at the southwesterly intersection of Park Street and Chick- ering Road; thence rurm/ng in a southwesterly, direc- tion 230 feet along Chickering Road; thence Turning and running southeasterly 84.7 feet to a point; thence turning and running northeasterly 270 feet to Park Street;, thence turning and running westerly ~F/.2 feet to the point of beginning. A certain parcel of land in. North Andover with the buildings thereon, presently known as Yotmg's Club and[ the Dairy Queen bounded and described as follows:[ Beginning at a point at the westerly intersection of[ Park Street and Chickering Road; thence running[ southwesterly 180 feet along Chickering Road to a[ point in Main Street; thence turni.ng and ?n..ning.n.ort.h-] westerly 250 feet to the intersection of Par~ aha ~.ae~! Streets; thence turning and running easterly 220 ~ee ! along Park Street to the point of beginning. A certain parcel of land located on High Street, North Andover numbered Lot 44 on Assessors Plot "52, and with the buildings thereon, presently known as Mann's Variety bounded and described as follows: Beginning at a point on the southwesterly side of High Street in the northeasterly corner of the premises in ques- tion; thence running southeasterly 100 feet to a point; thence turning and running southwesterly 70.7 feet to a point; thence turning and running northwesterly 100 feet to a point; thence turning and running northeast- erly 69.59 feet to the point of beginning. A certain parcel of land in North Andover with the buildings located ther~n, presently known as Hilton's Variety, bounded and described as follows: Beginning at an iron pipe on the northerly side of Middlesex Street in the southeasterly corner of the premises in question; thence running northerly 100 feet to an iron pipe; thence turning and running westerly 50 feet to an iron pipe; thenee turning and running southerly 100 feet to an iron pipe in the northerly side of Middlesex Street;[ thence turning and running easterly 50 feet along the{ northerly side of Middlesex Street to an iron pipe, the[ point of beginning. ~0,,, Ol~' NOi TH A~fDO¥~ Z0?~ZNG BYLAWS JU?~E 30, 1956 (38) A certain parcel of land in North Andover with the buildings thereon, presently known as the Den ~ Drive-In Theater, bounded and described as follows: Beginning at a point on the northeasterly side of Win- throp Avenue 990 feet northwesterly from the inter- section of Turnpike Street and Waverly Road; thence running along Winthrop Avenue 815 feet to a point; ta~rn.ce, t ..tg~ng .and .~ummg_ northeasterly 700 ~eet to ~ ..po.m~; ~aen. ce. t..u~m~ ~nd runnh~ southeasterly 660 ee~ ~o a point; thence turning and ~.easterly 26! feet more or less to ~ .~tPoint; thence tur~ing and rutwJng southwesterly 596 ee more or le~s to the point of beginni~. A certain parcel of land tn North Andover with the buildings thereon, presently known as Fould's Bakery ~u.nded and ?scribed as foUows: Beginning at a point tn.e westerly corner of Beverly and Union Streets and ~ westerly 155 feet more or less by the northerly 'ne of Union Street to a point, then ruv_ning northerly 90 feet more or less to a point, .thence turning and rurming eezterly ~55 feet to a point on the westerly side of Beverly Street, thence turning and running southeasterly 90 feet more or less to point of beginning. A certain parcel of land in North Andover, together- with the buildings thereon, presently known as Robin- son's Express Company, bounded and described as fol- lows: Beginning at a POint on the northerly side of Second Street, thence running northwesterly by land now or formerly of Stewart 300 feet to land now or for~?e.rly.of Law]or; thence turning and running north- easterly o¥ said Lawlor land 58 and 45/100 feet to a point; thence turning and running southeasterly 53 feet to a point; thence turning and running northeasterly 110 feet to a point; thence turning and running south- easterly 142 and 63/100 feet to a point, the last three courses being by land now or formerly of the 'village Land Company; thence turning and running southwest- erly by two courses ~33 and 84/~00 feet by la~d eon° veyed by me to George L. Newcemb et ux; thence turning and running southeasterly by said ~ewcemb land 100 feet to Second Street; thence turning and running southwesterly by Second Street 40 feet to the point of beginning; containing alga5 s~uare feet more or less; being shown as Lot "B" on "Plan of Land in ~orth Andover, Ma~ Owned by Mar~ E. Robinson" recorded in the North DL~tr~ct of Essex Registry o~ ey to me oy Daniel J. Grogen by deed dated Decem- ber 9, ~929, recorded in said Registry o~ Deeds book 550 page 38. Sec. 3.74. Items 27 to 38 (Incl.O were unanimous vote and so declared. 59. VO!ffi;D that Section ~.?~ of the oroposed amended Zoning Bylaws as f t may relate to general business be further'amended by adding thereto this item 39 so thst as amended tLere shall be designated as a general business area the follow- ing described pa reel-of property: A certain parcel of land located in North andover on the northwesterly side of 0sgood Otreet, being sho~m as lots numbered 1,2,3 end ~ on Plan of Land~ in ?forth Andove~, kass., owned by Stanley ~md St~fanowicz, trustees, Chortles L. Cyr, Civil Engineer, dated Dece~ocr 1~5, bounded and described as follows; Beginning at a stake at a wall in the said north~,estcrly side of 0sgood Street and thence runnin;~ more or le ss northwest- erly s~ong the ~o~thwe~terly. sJde of Osgood &treet three h,undred forty-seven and 5/10 feet to a ~ounty ~omud ~n the said northwesterly side of Osgood Street; thence taming and running along land now of Leo D~rphy in a northwesterly direction two hundred twenty-five feet, more or lese, to a County bound; thence turning a~d rurming more or less southwesterly ~ cng land now or late of Steinberg three hundred fifty-six and 5/10 feet to a County bound in the north- easterly side of County Road, also known as Clark ~treet; thence tuMning and running southeasterly along the ssid northeasterly side of Clark Street one hun- dred seventy-five feet to a stake; thence turning and running forty-one and l$/100 feet along a line having a r~_~s of twenty-five feet to ~ stake, the point of beginning. Being the same premises purchased from Stanley and kary Otefanowicz by deed dated AUgust 2~, l~51, recorded with the North District Essex ";egistry of Deeds, Book 755, page 6. The vote cn Item 59 was ummnimous and so declsred. ~0o V0(i~ that Section 5.7~ of the oroposed amended Zoning bylaws as it may relate to general business be furthe~ a~.ended by adding thereto Item ~0 so that as emended there shall be d~nated as a general business s~ea the following de- scribed parcel of property: A certain parcel of laud located in North Andover, numbered 127-129-131 ~arblehead Street, North Andover, bounded and described as follows: Beginning at the intersection of ~.arblehead Otreet and [iddl~sex Street ~s now laid out, thence westerly by the northerly line of said Hiddlesex otreet ninety feet to land now or formerly of L. ~;reenwood; thence northerly by s sid la nd now or formerly of ~ s.zd G-rcenwood; Uhence easterly ninety. ~ee~ '~ * by land now TOWN OF NORTH ANDOVER ZONING BYLAWS. JUNE 30, 1956 14. ) Sec. 5.7M. Item M0. Con't. of formerly of Greenwood to the westerly line of ~rblehead Street; thence southerly fifty feet to Middlesex ~treet and the point ofbeginning; and being the same premises conveyed to us by Ruby E. Blanchard, Conservator, by deed recorded with the North District Essex Registry of Deeds. The vote on Item M0 was unanimous and so declared. Sec. 5°75 VOT~ ~iAT THE AREA DESCRI~I~D in Sec. 5.8M be deleted from Industrial Districts and included in the General Business Districts as Sec. 5.75 which is as follows: Beginning at a point in the easterly line of the Salem ~rnoike, said point being 138 feet northerly from Hillside Road; thence northerly b~ the easterly line of Salem Turnpike 7~9 feet to a point; thence northeasterly by a stone wall, 5Mo05 feet to a point, thence easterly by the stone wall, 680.42 feet to a point; thence southwesterly, 565 feet to a point; thence southeasterly 200 fee~ to a point in the northerly line of Hillside Hoad; thence southwesterly by the northerly line of Hillside Hoad, !00 feet to a point which is 110.7 feet from the Salem Turnpike; thence northwesterly 91.5 feet to a ppint of beginning. The vote on Sec. 5.75 ~as unanimous and so declcred. 5.8 IZ~¥STP~IAL DIST~ICTS ~o81 All ~that northernmost portion of ~orth ~ndover township north of the northerly Lake Cochichewick watershed divide line, mo~e particularly bounded follows: ~ortheasterly by the Haverhill-North andover boundary between the ~errimack River and a point southerly of 0sgood Street. Easterly and south- easterly b~ a line parallel to and distant 500 feet easterly from the center line of 0sgood ~treet between the Haverhill-North Andover boundary and Darker Street; Southeasterly by that portion of the c~nter line of 0sgood Street between Barker Sbreet and Sutton Street; Southeasterly ~nd scutherly by the center line of that portion of Sutton Street and between 0s~ood Street aud a point o~ Sutton Street ~ feet northeast of '~ ~ethuen Street; Southerly by a line parallel to and 750 feet northerly from the center line of Sutton Street, between a point on Sutton ~00 feet northeast of i~ethuen Street and a point on Sutton Street 125 feet south- ~¢st of Thorndike otreet, Southerly by the center line of that portion of Sutton ~tr~ct between a point on Sutton Otreet 125 feet southwest of Thonrdike Street and ~ain ~treet. Easterly by the cen~er line cf ~ain Street between Sutton Street znd ~ay Street; Southerly by the center line of'~ay Street; Easterly by a line parallel to and 200 feet easterly from the center line of Patriot Street, between ~a~' Street and Belmont Street; Southerly by the center line of Belmont Street; ~Yesterly by a short portion of ~arblehead 9treet center line between 3elmont Street and the Lawrence l~orth kndover town.line. Northwesterly and northerly by the North andover town line between ~e foot of }~rblehead Otreet and the Haverhill-North Andover boundary; Southwesterly and westerly by the former location of Wood Lane. The vote was unanimous and so declared. It was further VOT.ED under Sub.Sec. 5.81 an ~mendment to the Industrial Zoning Law that the land Easterly of Osgood Street from what is now Faro{s Diner to what used to be or now is known as High Bridge Brook be kept as Rural Hesidential. Ti~-e vote was unanimous and so declared. 5.82 A finger of land embracing the~Sutton~ 0sgood, Davis & ~'urber and Otevens ~_~, being bounded: Northerly by ~utton ~treet Center line; Northeasterly by a line parallel to and 125 feet southwesterly from the center line of Thorndike ~treet, thence by a connecting line parallel to and 200 feet northeasterly from thst portion of the former Salem Railroad right of way location line between a point near the southeasterly end of Thorndike Street and Chickering Road; Southeasterly by a short portion of Chlckering Hoad center line; A point, thence by a line parallel to and 225 feet northwesterly from High Street center line, thence by the location line of the former Salem Railroad right of way, thence by High Street center line, thence by a line parallel to and 200 feet northeasterly from said railroad location line between Hish Street and Northeasterly by the former Salem Railroad location line between Chicke~ing Road and Stevens Street; Easterly by Stevens Street center.line between the railroad location and Pleasant Street, Southwesterly by Pleasant Street center line tba point thereon 120 feet southeasterly from its intersection with Phillips Court center line; ~orthwesterly by a line parallel to and 120 feet southeasterly from that line of Phillips Court that trends approximately S|~!o, $5'W; Southwesterly by a l~xe parallel to and 155 feet northeasterly from that line of Phillips Court trends approximetely S ~5o, 26' E and such line extended northwesterly to Osgood Streets Northeasterly by a portion of Osgood Street center line beginning at a point thereon 550 feet northeasterly of its intersection with Phillips Court center line and extending'thence easterly to the center line of Wayne Street, so called; TOWN 0F NORTH A~.~0VER ZONING BYLAWS Sec. 5.8. Sub. Sec. 5.81 Con't. JU~ 50, 1956 Southwesterly by the center line of Wayne Stree~ so-called, between Osgood Street and Chickering Road; Southeasterly by a short portion of Chickering Road center line; Southwesterly by East Water Street center line; Southeasterly by a short portion of Clarendon Street center line; Southwesterly by Water Street center line, extended, between Clarendon Street and a point on Water Street center line about 105 feet southerly from Merrimack Street center Nne; Northwesterly by a line at a right-angle to Water Street center line and passing through a point thereon 105 feet southerly from Merrimack Street center line; Southwesterly by a portion of the southwesterly shore of the mill pond, and thence by a portion of a line parallel to and 180 feet northeasterly from Main Street center line; Northwesterly by a line at a right-angle to gaunders street center l~e at the southerly terminus of Saun- ders Street; Southwesterly by the southwesterly shore of Sutten Mill Pond between the aforesaid line at a right-angle to Saunders Street center line at its southerly terminus and the easterly extension of that northerly side line of Saunders Street that trends approximately E 70o, 30' N; Southerly by that northerly side line of Saunders Street that trends approximately E 7% 30' N and said line extended easterly; Westerly by a line parallel to and 165 feet easterly from Main Street center line; Southerly by a portion of the former Sa/em P~fivoad location line; Westerly by Main Street center line between the former Salem Railroad location'Hne and Sutton Stxeet .83 At Greene Street and the Shawsheen River, being a cer- tain parcel of land together with the buildings thereon, presently k~own as Wipex ~lcorporated, boo~ded and described at follov~: Beginning at an iron pipe in the southwezt side of Greene S~eet, North Andover in the ~ortheast corner of the ~ranted premises; thence running in a westerly direction in an arc 90.16 feet to o_~_r~.~ ~.~ r.e~ to .a sown..oound; thence turning and .runm~. m..an~lrre .gu. lar so.u.t~lwesterly, direction follow- lng a~ong the .~lmwsl~een River to an ~ron pipe; ther~e or 1var ~. ~jostrom, Jr., 276-18 feet to an iron pipe; thence turning and running northeasterly 135.42 feet to an iron pipe; thence continuing to run in a north- ~Aerly direction 134~8 feet to an iron pipe; thence continuing to run in a northeasterly direction 208.65 feet to an iron pipe on the southwesterly side of Greene _ Street the point of beginning. 15. ) The vote on Sec. ~.82, 5.85 ~ were unanimous sud so declared. S~TION ~.'BUILDINO A)~ USES PBP2~[ITTRD, AIfD APPLICATION OF REGULATIONS: ~oO1 tn the zoning districts above soecified and described, the following de- signated builcings and alterations an~ extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are permitted. All other buildings an~ uses are hereby expressly prohibited, except those lawfully existing and actively in use on June l, 1956, which by the operation of this orovision become lawfully non-conforming. The vote on Sub. Sec. ~.01 was 'muanimous-al~ so declared. ~.02 When a lot in one ownership is situated in part in the Town of North ~ndover ~and in part in an adjacent town or city, the l~OVisions, regulations and restric- tions of this Bylaw shall be applied to that portion of such lot as lies in the Town of .~..orth Andover in the same manner as if the entire lot were situated therein. ~.05 When a zoning district boundary divides a lot in one ownership, all the zoning regulations set forth in this zoning bylaw apPlying to the greater part by area of such lot so divided may also be deemed to apply and govern at and beyond sumh zoning district boundary but only to an extend not more than thirty (~0) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. T~i~N OF NOHTH ANDOVER ZONING BYLAWS JU~E 30, 1956 16.) S~c. ~. ~ub. Sec. ~.0~ Con't. ~.0~Any lawfully con-conforming building or structure and any lawfully non- conforming use of building or land may be continued in the same kind and manner and to the same extend as at the time it became lawfully con-forming, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in .which such building or use is situated, or except as may be permitted otherwise by the North Andover Board of Appeals. any time discontinued for a period of two years or more, or if such use o~ building be changed to bne conforming with the North andover Zoning Bylaw in the district in which it is located, it shall hereafter continue to conform. 4°06 ~n~ Non-conforming building or structure destroyed or damaged by fire, flood, llghtning~ wind or otherwise to the extend of sixty-five ~65%) per cent 0E HO~ 0F ITS H~PHODUCTIOES COST AT THL Ti~ ~ SUC~ damage shall not be re- built, repaired, reconstructed nor altered except for a purpose permitted in the zoning district in ~hich such building is located, or except as may be permitt- ed otherwise by the Board of Appeals acting under G.L.Cho~OA, as amended. Sec. 4.02 to ~.06 Incl. were a unanimous vote and so declared. ~1 IN RESIDENT DISTRICTS. 4.11 Single, duplex or two-family residences and gardens, including the right to convert any one-family dwelling structure to commodate not more than two families provided that: (a} The lot area per structure so_converted shall he not less than ~ (1~) square feet, and the street frontage width of such lot shall he not less than one hundred (100) feet; (b) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor area per dwelling unit after conversion, and that the c~)appearance and character of a one-family dwelling shall be preserved; No major exterior structural changes shall be made except such as may he required for safety by the North Andover building by laws or by Massachusetts General Laws, and that the whole cost of such alterations shall not exceed fifty (50%) per cent of the reproduction cost of such d~ve]ling in its cond/t/on existing /mmedi- ately prior to such conversion; and, (d) Stai~vays leading to the second or any' hig~ler flOor shall be enclosed within the exterior walls of the building. 4.12 Renting rooms for dwelling purposes or furnishing table board to not moro than four persons nat members of the family resident in a dwelling so used, provided there be no display or advertising on such dwellln~ or its lot other than a name pla.to or sign not to exceed six (6) inches by tv/'enty-four {24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 4.13 Renting a roam or roams in a dwelling for the o~fice of one professional person, provided there be no display or advertis- ing on such dwelling or its lot other than a professional name plate, or sign not to exceed six (6) inches by twenty-four (24) inches in size. 4.14 Customary home occupations, provided there be no display and no exterior advertising except an armotmcomont sig~ not to exceed six (6) inches by twenty-four (24) inches and provided that in any dwelling, such customary home occupa- tions shall be cart/ed on by not more than five persons of whom at least one shall reside in such dwelling. 4.15 Schools, libraries, museums, churches, hospitals and con* valeSesnt and rest homes, local passenger stations, also radio, radar, television or radio-telephone transmitting or broadcasting towers but not their studios nor offices, and not veterinary or animal hospitals except as further provided else- where in this bylaw. 4.16 Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which riley are placed. 4.17 (a) Farming of field crops, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as provided below, stud farms, poultry batteries, fur ranches and dairy farms; (b) The keeping on any lot in any residence d/strict of a total of not more than three (3) of any kind or assort* ment of animals or birds in addition to the household pets of the family livin~ on such lot, but not the keel~- lng of any animals or birds or. pets of persons other than those resident on such lot, except as further pro~ vided below; (e) On any lot of not less than three (3) acres area and situated in a not thickly settled part of a Country Resi~ donee, a ~Ural Residence or an Industrial District, but only on such lots in such parts of such districts, vet* erinarians and others rflay keep more than three (3) animals or birds not necessarily owned by the persons resident on such lot, provided that on such lots there be. n~ slaughtering, packing or processing of meat, en~r~ls, organs, skins, hides, pelts~ fur, feathers or bones, and provided that aulma] hospitals, kelmeis. Sec. ~11. ~ter~ (a) V0~ED (unanim.ousl~) twelve thousand TOWN OF NOETH A~0%~ ZONING BYLAWS JUNE 5o, 956 l?. ) Sec. ~.l Con't. ~.18 ~ny accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. ~.19 On any lot in any kesidence District, garaging or off-street parking, .covered or open, of not more than four motor vehicles, e~-h~-~h--~___~3~t_'m~~X~m~ Sour ~i~o~ vehicles, of which not more than two mmy be commercial vehicles, but not counting farm trucks nor motor-powered agricultural implements of an agricul- turally active far~n or orchard on which such vehicles are parked. Sec. ~.l. Sub. Sec. ~.ll to 4.19 Incl. were a unanimous vote and so declared. ~.2 IN, NE~G~BORH00D BUSZ~!k$S DISTRICTS ~.21 Stoa. es not exceeding fifteen hundred (1500) square feet floor area per store for the retail sale of food, d~gs and other articles or combated!ties for xaux~ use ~d consumption in ~iE~w~wW~* neighboring households, but no~ for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighbor- hood Business District shall be more than three (3) acres total land area, in- cluding offstreet automobile parking spaces, in addition there may be permitted in a Neighborhood Business District sn 'automobile lubricating andgasoline filling station but only on petition, subject to site plan review and approval by the Board of Appeals, after public hearing thereon with due notice given. Automobile repair garages and a~tomobile sales places shall not be permitted in ~eighborhood Business Districts° ~.22 No loading platforms or receiv~n~ doors shall be located on the street side of any retail store or other commercial building in a Neighborhood District. ~.25 Dwellings, subject to the same lot size yard space and all other restric- tions and conditions as would apply if such dwellings were located in a Millage ~esidence District, also Churches, schools, libraries, museums local passenger stations and municipal or other public or civic buildings. Sec. ~.2 Sub Sec. ~.21 to ~.2~ Incl. were a unanimous vote and so declared. ~.5 IN G~,~}~HAL BUSII~ESS DISTRICTS ~.~l Hetail and wholesale stores, salesrooms, showrooms and places (including spaces for incidental storage) for any professional, artistic or mercantile ac- tivity not involving large-saale manufacturing on the premises, except that re- tail bakeries or retail confectioneries in which not more than five persons are engaged in the manufacture and sale on the ~remises of the bakery or confection- ery goods there produced, including ice cream, shall be permitted. 4.52 Bar, ks, offices and municipal, civic or pu~.lic service buildinEs such as post office, telephone e~hange, town offices, school library, museum, Church, local passenger station. ~.~5 Hall, club, theatre or other place of amusement or assembly. 4.~ Automobile service and filling stations, automobile storage and repair garages including automobile body repairs and painting, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. 4.55 ~estaurant, dining room or lunch room. 4o~6 Any accessory use customarily incident ct any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive~to the neighborhood. Sec. ~.3 ~b. Sec. ~.51 to ~o56 Incl. were a unanimous vote and so declared. SEC° 4o~- IN I~T~IAL DISTRICTS 4.~1 Any manufacturln~, pr ocessing, wholesale, warehousing or other commercial non-retail activity involving only quiet processes, quiet machinery and quiet m motive power, and free from neighborhood disturbing factors such.as noises, odors or other effects, and uses of land and of buildings customarily accessory to Such activity including the business office of such activity, provided that the app- licant for a pe~unit to build, expand or alter any manufacturing industry or other permitted activity or, any activity accessory thereto shall show by written statements or other exhibits attached to the application for such permit that .the activity proposed will not be noxious, offensive or detrimental to the neighbor- hood or to. the Town by reason of special danger of fire explosion., pollution of waterways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or other objectionable Characteristics. 4.42 Farmind and accesory dairy activities as specified in paragraphs 4.17, ~.18 and 4.19; also farm dwellings on premises actively farmed; and poultry slaughter- ing, packing and processing but not other meat or anim-1 slaughtering or packing. TOWN OF NORTH ANDOVEH ZONING BYLAWS JIrNE Sec. 4-~. Can't. 4~3 Premises of a bank, post office, tele phone office, local bus passenger station, airport. 4.~ On petition, subject to site plan review and approval by the Board of Appeals after a public hearing thereon with due notice given, an automobile ser- vice and filling station, a motek, a diner, a restaurant, a retail food store, but no other retail stores of any kind. ~.~5 Expressly prohibited in industrial districts are automobiles Junk yards, automobile outdoordead storage yards and automobile outdoor display yards. Sec. ~'4. Sub. Sec. ~.41 to ~.~5 Incl. were a unanimous vote and so declared. 3o, 1956 18.) exchange or telephone business 4.54 ~ MOTEr.~ Motels shall be permitted in ~ ~ng ~tMct ~t o~ a~ ~ the st~ set for~ b~ow ~d o~ a~er a ~blie he~g by ~e PlUg Bo~ ~th due nod~ ~ven ~ up. ca,on for a motel bufl~ ~t or for a b~ ff _ or ~ ~y ~zer ~e plan renew ~d app~ by ~e · ~ ~ enoom~ m ~ on ~e site ~1~ ~*~ ~- ouc ~ ~o~. ~ .............. ' 4.51 ~ aPP~Cation for a ~rmit to b~d a motel or to ~ter or add to a motel at a e~t of ~ or mo~ sh~ ~ in ~ng ~ in~ude a ~r~ ~d a statement of the o~p, ~a, ~e~io~, bo~da~ and p~n~ eleva~o~ of the l~d for wM~ such ~t ~ so.hr, ~e n~ of ~l ~g O~e~ as fo~d in the m~t ~nt t~ Hst. ~e loca- ~o~ of ~s~g public or pHva~ ways newest su~ ~d, a ~, P~ffle ~d c~see~o~ of ~ ~vewa~ ~d par~g ou~ ~ ~e~lo~ o~ eve~ buffing or st~ct~es propped t~ ~ er~t~ the~om ~e ~py of ea~ su~ application ~d plot pl~ dia~ ~ sta~ment shall be kept on file ~ One ~py of ea~ such application ~d ~a~ ~d s~ment a~e r~ut~d ~ ~ ffl~ ~ me Pla~ing ~ with a lett~ r~uesting the Bo~ to renew ~e site ~ attach~ ~nd to h~d a public healing the~ Noti~ of such pubic he~g s~l he ~n by the PM~g ~ by publica~on at ~e e~e of the applic~t in a newspa~r of general ~ation tn No~ ~dover and the flint ap~ar~ of su~ pub~h~ nofi~ sh~ ~ twelve days (12) at le~t befo~ the date ~t for su~ he~ng. A ~t to b~ld a motel or to ~ter or add to a m6te] at ~ of ~.~ or mo~ sh~ not be i~ued by the I~t~ ~t~ he ~ ~ceiv~ ~om ~e Planing B~ a ~tten statement of final app~v~ by ~e Pl~g Boa~ of ~e site pl~ for su~ motel or ad~tion or alteration, and su~ statement by the Planing Boa~ sha~ include a reci~ of the date on wMeh the Plann~g ~ard held the pubic hear-' a~ve r~ui~d, ~d a recital 0f the findings Bf the Pl~ning Boa~ after such he~ng, including a~ eon~tio~ ~posed by the PI~ ~ as p~ of its fin~ a~v~, and the B~g ~s~etor sh~ e~o~ce the f~fillment of such ~n~. tio~. ~ re~ewl~ ea~ such aPlica~on, ~e Plann~g B~rd sh~i stu~ ~e motel site pl~ pro.ed relaffve to the he~th, s~ety ~d ~lf~ of the proactive ~up~ts, a~o the cup~ of neigh~ng properties, and ~ers of the a~oini~ highway. ~d the welfare of the to~ gener~ly, including ~eMty and p]e~antne~ of site pla~. In addition to P~ ~th ~1 of ~e ~nd Space and Building Space Req~ men~ set for~ ~low, the Boa~ shall l~k for: (a) ~affie safety and e~e of access at strut and hi.way entrants ~d e~ts of motel d~veways, taking of ~ad~, sight ~t~ces ~d ~ance ~tw~n such driveway entices or eMts and ~e near~t eMs~ng steer o~ highway inte~ections. (b) Safety ~d ad~uaey of motel ~vew~ layout, ~ of ~r~ and i~ng a~ for motel patro~, and sU~en~ of acce~ for se~ce vehicles such ~ ~. g~, fuel, telephone, laun~. ~bbi~ r~ov~, water, ~wer, fi~, ~li~, ~b~ance or other rou~e or ~ergen~ vehicles. (e) Safe ~d adequate me~s of sewage, of garbage, and ~bb~h ~sal; of water-~pply ~d f~-f~ting ~WMIe awai~ the Fire ~pt.; of heatin~an~'ventflat~g~ ~o of c~king if c~g fa~Hties ~ ~. (d) ~s~an~ of ~iti~ sto~-water drainage and snow- ~elt ~ff f~m ~1 ~vew~ and ~k~ ~d load. mg ~. Lands~p~g and building l~t such as sh~ p~te~ prop~d motel b~om ~ndo~ f~m ~t~t n~ht invasion by automobile hea~ight ~ (e) ~o~a-p~n~ ne~w~n sl~p~g ~; win~ not l~ng ~eet~ from r~ ~ r~m; ~d lobby or o~ spa~ for r~ration, ~om~ke~, ~d safe-keep~g of v~uah]~; ~ lounge for w~t~g o~.-~ting by ~otel lot size, land eover~e, yard space ~d b~g d~i~ ~a~o~ ~ (a) ~e lot for any mo~l ~aH ~tain not less th~ three (~) a~ to~ l~d ~ea excluding ~y water ~es of o~h~ (~) ae~ water se~ area or more, s~h lot ~ not le~ t~n thee h~ (~) f~t ~e at ~ ~n~e s~t ~ t~ughout the f~t two h~d (~} feet of depth of su~ lo~, me~ f~ ~e f~ta~e s~t lot ~ne. TOWN OF NORTH ANDOVER ZONING Sec. 4.5 MOTELS CON'T. 1956 No Imrt of any building ~m a motel lot shau ne closer than fifty (50) feet to the Irant lot line, rear lot line or either side line of such lot A t~en yard'spaCe not less than twenty (20) feet wide, measured at a fight angle to each of aforesaid lot lines, shall be maintained open ami groe~ with ~ass, bushes,- flowers and trees all along each side 19t line or rear lot line of such a lot, and (except for entrance and exit driveway~l along the entire front line of such lot, and such yard space shall not be built on nor paved nor t~sed for automobile (C) There shall be arie (bituminous) concrete off-street and ai~nain driveway paved automobile parkLng space, open or roofed, directly adjoining each motel rental unit. id) Building o~ a motel lot shail not cover more than twenty-five (25%) per cent of the land area of such lot, ~ex~cluding any water bodies az above speeifiecL Not le~ than ~eventy-five (75%) per cent of the land area of sUch<a, lot shall remain open and an-built on but such opeff4~pace may be used for automobile off-street parking, di~v~,w~_ya, sidewalks and motel service.yards, except that Stw. h use shall not be permitted m any part of the twenW (20) foot wide green perimeter strip above zpecffiecL (el There shall not be erected more than twenty (20) motel rental units per acre of motel lot land area, excluding any water bodies as above specifie~L (fl Each motel rental unit shall be not less than two hun- deed fifty (250) square feet rmbitable floor area en- closed by wal~ and roof, exclns~e of any adjoining pertious of roofed or covered walkway~. Each motel ren- tal sleeping ~0om shall not be less thru1 fifteen (15l by fifteen (15) feet horizontial dimensions, .exclusive of bath or kitchenette. Each such room shall have a pri- vate bath attached. (gl Each motel structure shall contain not less than six CS} nor more than twelve (12) tnclividual motel rental units, unie~ each secUon of twelve (12) such units be separ- ated by an unbroken firewali from any further addi- tional such traits. Each motel structure shall be of fire- proof construction. Each such .structure may be con- nected with other similar strucL~res by a covered walk- way ff of fire resistive materials. Whether or not so_ cotmeoted, the nearest parts of the walls or corners such structures sha~ be separated by a land space otherwise open and' unbuilt on of not less than thirty (30} feet, and in which, within the area bounded by the intersecting pro~ctions of the side lines of ac~iaeent buildinge, there shall be no automobile parking or ih) Buildings on motel lots shall be one-story and not more than twenty-five i25} feet tn heighL notwttbetandin~ any building.height provisions in the zoning district in which such buildings are situated, except that not more than two apartments for owner or resident manager or other resident staff may be on a second-story not to exceed thirty-five (35) feet in height. (il On each motel lot there shall bo provided at least one apartment for a resident owner or manager or other responsible staff person. Each s.ch apartment shail be not less than eight hundred (8001 square feet floor area. Such apartment many include the rental office l of the motel, and a lounge or other public rooms for1 the use of motel patrons. Such apartment may be onI a second floor as provided in ih) above but o~dy if overI a lounge or office or other public rooms or storage or[ supply rooms of the motel No second story premises shall.be located o~e~ any mqtel r~nt_a!., unit. . Sec. ~.5. Sub. Sec. ~.5 to ~.55 Incl. were ~ unanimo~s vote and so declared. Sec. 4.6 OUTDOOR LIGHTING In all o ~n~ z n_ ~ districts other t_han General Busines~ Districts, any outdoor lighting fixture whether temporary or permanent shall be so placed or hooded that the light sources therein is not directly visible to any motorist and so that the light source therein is not directly visible to ~ point beyond the lot lines of the premises illuminated by such outdoor lightiug fixture. Sec. 4.6 was a unanimous vote and so declared. 5~ SECTION 5: EARTH MATERIALS REMOVAL 'l'he removal of sod, loam, soil, clay, sand, gravel, or stone from .~yerooland in the Town of North Andover not in public use is y prohibited except such removal as may be author/zed .n3~aanY. Zo. ning di~ri~ by a pe.rrnit issued by the Board of Ap- ~an.a .exc. e~...suen..r~o.vai, as is permitted by paragraphs -o an~ o.~ or trtl~ section. ~o such permit shall be issued ex- cept upon written application therefore to the Board of Appeals _wi_ t.h _col~..to .the .Planning._Boa~.d and after a public hearing on s.u.e~...ap.pn.catlon I~y the uoaed of Appeals. Such application s~s- memae a diagram to scale of the land eoncet'ned, indieat- illg. exist.lng and proposed elevations in the area to be excavated a~ld stating the ownership and boundaries of the land for Sec° TOWN 0F NO ~' ~.~ A2~'0t~k'q ZONING B?LAWS, 5, EARTH. }~TERIALS i~NOVAL CON!T. JUNE30, 1956 20. ) Sub Sec, ~ fo~d ~ ~e most ~nt t~ Hst ~d the app~ate l~- tio~ of exht~ ~bHc ~d ~vate ways ne~ su~ No~ of s~d p~vate he~ ~ ~ ~ven by ~b~tion in a n~r ~bHsh~ in or of Eener~ ~ation ~ No~h ~dov~ twelve (12) &ys at le~t before the date' of he~g. 5.2 ~s~t~~ant~.~der ~ the ~ of A~ .... ~ o~ me con~uo~ ~ if ~, ~u~ ~u~ no~ l~t~ to ~tation of ~ch ~mov~ ~: ia) ~tent of t~e, (b) ~a ~d ~pth of ~cavation, (d) ~ ~tw~n ~e of excavation ~d (f)~ ~t~ of s~ or ~nd, the ~il ~a?~en} ?f ~ot l~s th~ s~ (6) in~ of rev me WhOle o~ ~ ~a ~m w~ ea~ ~t~ ~ ~ ~moved whe~ ~ l~ation of such h ~t~a~ to ~come a ~ldent~l ~b~on, or, (h) in the c~e of cont~ sand or ~wl pit o~ ~th a mi~m~ of fo~ (4) ~eh~ of o~ a ~py of th~ deni~ by the ~ af Ap~als of ~ app~ca. . y ne ~oam to the ~ies ~ ~te~t, clu~ ~o ~e Pl~inc ~a~ and the B~ ~. 5.3 ~s ~ation shah ~ deemed not to P~bit the ~o~ of such ~, I~, so~ clay, s~ ~avel or stone ~ ~y ~ to ~e ~x?[ated for the p~ of toun~tio~ or v~ or other ~lowable stm~ for w~ch buE~ ~ts have been i~u~, or for the ~ af ~tmc~ wa~ ~ acco~n~ ~th ~ and ~d~ a~ pmv~ ~ the P~n~ ~d or by the B~ of A~ for the p~ of co~tm~ u~fi~ o~ o~r ~ works for pubic se~ce. No~ s~ t~s ~ation ~ to p~hibit the tr~fe~ of ~d, l~ ~H, ~ay, ~ ~v~l or stone f~m one ~ of a I~, tm~ o~ ~el of ~d to other p~ of the ~e lot, ~act or ~ of ~d ~ the s~ o~e~p. 5.4 ~ ~aUon s~ ~her ~ d~ not to ~bit ~e ~mov~ of the a~ve s~if~ each ma~ by any son, ~ or ~r~mtion who on the affe~ive date of t~ ~- [ation s~U be la~ eng~ ~ the b~Jne~ of ~ m en~ to~ the ~mov~ of a~ ~e~f, and who s~ t~y (~) ~y8 a~er such eff~j~ date, app~ to t~e ~ of Ap~ for a ~rmit for such ~mov~, pm~d~ that t~e od ~th~ ~c~ such ~moval may ~ ca~ o~ ~der ~ ~pn suafl ene on ~e date of fo~ action b~ Ibc ~ on such application or, ~ no such application ~ ~e~ on the th~eth (~) ~y after the eff~ive ~te of t~s 5,1 to 5,4 Incl, were a unanimous vote ~nd so decl~r~-;d. Zec. 6. Sub, 6.1 6.2 SECTION 6: LOT AREAS AND LOT WIDTHS REQUIRED AND SPECIFIC EXCEPTIONS In detemaining the fulfilhnent of the minimum area and mini- mum width of lot required in any zoning district, there sba]! not be included any land w/thin the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a eorner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five (75) feet in length connecting other lines bound- ing such lot which if extended would ir~ersect, the area and width required in such lot shall be computed as if such po- tentlally intersecting lines were so extended; but if a curved line more than seventy-five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and rain/- mum width required shall be determined entirely within the lines bounding such lot, including such curved line. No lot, upon which is then located any building or with re- spect to which a permit has been issued and is then outstanding got the erection of any building, shall be sub-divided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, lot width and yard space requirements of this Bylaw except as may be permitted otherwise by the Board of, &ppeais. If land be subdivided, conveyed, devised or other- wise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land ~o transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public pur- pose for which the land could have been or was taken by emi- nent domain shall not be decreed to be transferred in violation of the previsions hereof. ~.1 and 6.2 were~a unanimous vote ar~. so declared, TOWN OF N0~TH ANDOVER ZONING BYLAWS JUNE 30, 1956 21.) SECTION 6. Con~t. 6.3 In Residence Districts 6.51 In Village Residence Districts no principal permitted building shall hereafter be erectedexcept on a lot containing not less than~ twelve thousand five hundred (12,500) square feet area and not less than one hundred (100) feet feet width at the street frontage, except as may be permitted otherWise by the Board of Appeals in Village Residence Districts as further specified in Section 6.6. below. The vote on Sub Sec. 6.31 was AFFIR~ATIVE207. NEGATIVE 59. a 2/3 majority. 6.32 In Country Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less tha~ twenty-five thousand (25,000) square feet area and not less than one hundred twenty-five (125) feet width at the street frontage. The vote on Sub Sec. 6.52 was AFFIR~TIVE 176. NEGATIVE 39. a 2~maJortty. 6°53 In Rural Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than forty-four thousand (~,000) square feet area and not less than one hundred fifty (150) feet width at the street frontage. ~he vote on Sub. Sec. 6.5~ was AFFIRMATIVE 226. NEGATIVE 29? a 2/3 majority. 6.~ In General Business Districts And in Neighborhood Business Districts. 6.41. Each lot shall contain not less than twenty-five thousand (25,000) square feet area and be not less than one hundred twenty-five (125) feet width at the street frontage, and not more than thirty-five (~5) percent of the total area of any such lot may be covered by buildings. 6.~12 Any yard space or area required to be kept open and unbuilt upon on such lot may nevertheless be used for off-street automobile ~arking, if otherwise lawful, except that a green strip not less than ten (10 feet wide on which to grow grass, bushes, flowers or trees shall be maintained open and green;un- built on, unpaved and not parked on, all abng each side or rear property line of such a lot wherever it abuts land residentially zoned. The vote on Sec. 6.~. Sub.Sec. 6.~1 & 6.42 were unanimous and so declared. 6.~ In ~ndustrial Districts 6.51 Each lot shall contain not less than fifty thousand (50,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than th~rty-flve (55) per cent of~the total area of any such lot may be covered by buildings. 6.52 Any yard space or area req~i~ed to be kept open ~nd unbuilt on on such lot may nevertheless, if otherwise lawful, be used for off-street s~tomobile parking, or for outdoor storage of articles, supplies and materials, eEcept that a green strip not less than thirty (50) feet wide on which to grow grass, bushes, flowers or trees, shall be maintained open and green unbuilt on, un- paved and not parked on, all along each side, orrear property llne of such a lot wherever it abuts land residentially zoned. The vote on Sec. 6.5 Sub. Sec. 6.51 & 6.5S were unanimous and so declared. 6.6 Lot Area and Lot Width Exceptions. 6.61 The lot area And lot width requirements of paragr~h 6.5 shall not apply in any Hesidence Districts to any lot therein containing less area of having less width than above required if such lot was lawfully laid out and dUly recor- ded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of the same owner vacant and available for combination with or use in correction with such lot, provided that-the front yard, side yard, and rear yard requirements, if any, in effect on the date of recording of such plan or deed shall apply to each such lot. 6.62 In Village ~esidence DisSricts only, as to older lots of record or area or width less than the above stated requirements, and only as to such lots if mutually adjoining, vacant, and of the same owner, the Board of APpeals may Fez?nit recombination of them into new lots of not less than ten thousand 10,000) square feet area each, or otherwise as may be authorized Under GeL. Ch. 40A as amended. .... ¢~ ~ e~_.e:~e, ,-: ...... , ..... ,pt that the front yard on al~y lot In a --- ................... ~:, .... sr:a ll either~ ....... ,?:,) Zoet depth,_ r~:.~ A depth :~<:~':. *esr~ thari the average *¢ ~ · u; the front yard dleptPis Of lots ad joini::~ ~' w'P. th2r~ ~'"~ , ..... ~w~ hundre~d fifty f2}C} feet each side o.~ tS, lot in tnu existinc; ~',4 ' q~es~ ......., ~.f "" J,~lminbs on such lots front on the same stp,et ~'~+' ~' ~ V< -~ l~e and a~ h~, tti~ same ~ ~esidence zoning district as the lot qu es ti on. ~'~ '. Provided also that where such existing buildings are alresady more ~han thirty rS-]) feet distance Erom said street line, no part of any new bulid~ng shall be nearer said line than the ay,FaCe of the front yard depth o.f such existing buildi~zss on lots adjoining or within two hundred 1~it} L,~p0) feet each side of the lot in question. V'.3 !n ~eighborhood ~usiness and in Ueneral Business Districts there shall bo ~ .... ~.e., on lot an open yard space of not less than twenty;five (25) feet dep th ~- ~ .. ~ .....a~or~ the front ~nd along each side ~roperty line of such lot except as o., permitted otherwise (but only as to front yards ~:d side yards) by the Board of Appeals on petition of the property owner oonce ned after a public hearing ~cereoz~ with due notice given. In the rcar of every builaing or st~cture here- after ~rected in ~iy Business ~Istrict there shall be an open yard space unbuilt upon of ~ot less than thirty-five (55) feet depth. No buildi~ o~ structure shall hereafter be built, altered, moved, reconstructed, or extended so that any part thereof including loading platforms, covered or open~ but not eaves, or steps, shall be nearer than twenty-five (25) feet from the front line or side line of any ~o~ i~ such l~ts~ and a.xcept that any business building built prior to June i, 1956 aha standiz~ in an active business use on June i, 1956, may be restored, repaired or rebuilt on the location where it stood J~e 1, 1956, without complying wi~ the foregoing yard space r~qulrements, but th~s exception shall not apply to any other buildings. 7.4 In Industrial Districts there shall be provided on each lot an open yard space of not less th~ thirty-five (35) feet depth all alo~ the front line and along each side line of such lot, and not less ~an fifty (50) feet depth along ~e rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residentially zoned, and except that any masonry industrial building built prior to June 1, 1956 and standing In active industrial building use on J~e 1, 1956 may be restored repaired or rebuilt on the location where it stood J~e 1, 1956, without complying with the foregoing yard space requirements but this exception shall not apply to ~y other buildings except as may be pez,mitted other- wise by the Nor~ andover Board of Appeals. Sec. 7. Sub. Sec, 7.1 to 7.4. Incl,, were a ~an!moua vote and so declared. TOWN OF NORTH ANDOVER ZONING BYLAWS JUNE 50, 1956 2~.) SECTION 8: BUILDING HEIGHTS PEF~MITTED 8ol In Residencw Districts dwellings shall not exceed two and one-half stories or thirty-five (~5) feet in height. 8.2 In Neighborhood Business Districts dwellings and business structures shall not exceed two and one-half stories o~ thirty-five (55) feet in height. 8.5 In General Business Districts dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height. 8.4 In Industrial Districts buildings sh~ 1 not exceed fifty-five-(55) feet in height. 8.5 The foregoing limitations of height in feet in the zoning districts desig- nated shall not apply to farm buildings on farms of not less than ten (10) acres area, nor ~shall they ~ply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers and other accessory structural features usually erected ~t a height greater than the main roofs of any buildings, nor to domes, bell towers or spirea of churches or other building.s, provided all such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by permisston of the Boa~.d of Appleas acting under G.L.Ch.40A as amended. Sec. 8o Sub°Sec. 8ol to 8.5 were unanimous and so declared. S~T!0N 9: BOAHD OF APPF~LS, ITS P0~S AND DUTIES: There shall be'a Board of Appeals of five (5) me~bers end not more than three Associate Hembers, which shall have and excercise all the powers provided under GoLo Chapter ~0A as amended, and which shall hear and decide all matters specifically referred to the Board of Appleals by the North Andover Zoning Bylaw and other matters referred to such Board by Statute. The Board of Appeals ~embers and Associate Members shall be appointed by the Selectmen in the manner provided by statute~ On each appeal arising under the North Andover Zoning Bylaw,. the~Board of Appeals shall hold a public hearing of ~hich notice shall be given by publication in a newspaper of general circulation in North Andover twelve (t2) days at least before the date of such hearing. The Board shall also notify by registered mail all o~wners of property within three hundred (500) feet of the boundaries of each lot or lots involved. Such notices shall be mailed to such owners at the addresses ap pearir~ for t hem in the most recent town tax listing of said owners. The vote was unanimous and so declared. SECTION 10: ZONING ~.MENDS~TS A0.1 The Planning Board, on its own initiative, .or on petition signed by not less than fifty (50) registered voters of North Andover, shall hold a public hearing on any written proposal to amend the Zoning Bylaw or. the zoning m~p and shall report its recommendations thereon, if any, to a North Andover Town meeting. 10.2 Each proposal to change the zoning map shall be made ~n writing and shall explicity state the nature, extend and location of the map change proposed and shall be accompanied by: (~) T~hree blackline printe of a diagram to scale showing and stating clearly the dimensions in feet of the land area proposed to be changed as to z°ne. (b) also a sketch or other explicit identification of the location of such land in relation to the majority of the rest of the Town. 10.~ Notice of the aforesaid public hearing on a ~ning amendment shall be given by publication in a newspaper published in or of general circulation in North Ahdover twelve (12) days at least before date of such hearing and by mailing copies of such notice as published to such parties as the Planning.Board may deem interested, at the addresses for such parties as they appear in the most recent North kndover real estate tax records. The vote was unanimous and so declared. TOWN OF NORTH ANDOVEH ZONING BYLAWS JUNE 30, 1956 2~. ) · SECTION ll. ENFOECE~T 'll.1 No building shall be erected, altered or moved in North Andover without a w~itten permit issued by the Building Inspector. Such permits shall be applied ~ for in writing to the Building Inspector. The Building Inspector shall not ~ issue any such permit unless the plans for the building and the intended use thereof in all respects fulfilling the provisions of the North Andover Zoning,~/h~ except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals or other competent authority, provided a written copy ~ of the terms governing any exception so permitted be attached to the application . for a building permit and other building permit issued therefore. One copy of ~ each such i~ rmit ms issued, including any conditions or exceptions attached $ thereto, shall be kept on file in the office of the Building Inspector. ' llo2 Each aoplication for a permit to build, alter, or move a building shall be accompanied by a Plot plan in duplicate drawn to scale showing and stating the .. ~imensions in feet of the lot on which such building is proposed to be erected, altered or moved, and the location and ground coverage dimensions thereon of any ~ building or structure proposed to be erected or moved onto such lot. Such plot plan s?~ll also show each street, alleTor right-of-way on or adjacent to th'e lot in question. One copy of each such aPplication and plot plan shall be kept on ~ .file in the office of the Building Inspector. ll.3 The l~orth Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts ~ud an inspection of the premises where such violation ~ay exist. The Building inspector, on evidence of any violation after $ investigation and. inspection, shall give written notice of such violation to the ~ owner and to the occupant of such p~emises, and the Building Inspector shall ~ demand in such notice that such violation be abated within such reasonable time as may be designs, ted therein by the 2uilding Inspector. Such notice and demand may be given by mail addressed to the owner at the address ~p pearing for him on ' the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. ~ll.~ If, after such notice and demand, such violation has not been abated within ~ the time specified, the Building Inspector o~ the Selectmen Shall institute app- ropirate action or proceedings in the name of the Town of North ~ndover to p~event correct, restrain or abate any violation of th&s Bylaw. Sec. 11. Sub See. ll.1 to llo~ inclusive were unanimous vote and so declared. * SECTION 12. CONFLICT OF LAWS VALIDITY, SEVERABILITY. ~ 12.1 In general ~his Bylaw is supplementary to other North Andover Bylaws . affecting the use, height, area and location of buildings add str~.ctures and the &use of premises, ~!~here this Bylaw imposes a greater restriction upon the use, '.height, area and location of buildings and structures and the use of premises -then is imposed by other bylaws, the provisions of this bylaw shall control. t2.2 The invalidity of any section or provision of this bylaw sh~ll not ~invalidate any other section or provision thereof. Sec. 12. Sub. Sec. 12.1 & 12.2 were unanimous vote and so declared. ::~pproxlmately three hundred and ten (310) registered voters were 'present. Certified to the bes~ of my ability-to be a true copy~:,!~ (~.~ ~-,-~-- / c ~ NORTH ANDO~R, ~ASS. North Andover, Mass. December 10, 1956. A true copy, Boston, Mass., December 6, 1956 The foregoing amendments to zoning by-law ATTEST.- a~e hereby approved. TOWN 0F NOR ANOOV ZONING BY AWS. i95 - ~t $~e Special Town Meeting held in the Veterand Auditorium of the North Andover High SChool on Saturday the thirtieth day of June 1956 at 1:50 P.N., the follow- ing was voted: ARTICLE 1. VOTED to amend the 19~5 Zoning Bylaw words and the Zoning Nap as hitherto amended from time to time, by substituting in their place all or so much of the Nay 1956 revised zoning map and all or so many of the Nay 1956 revised zoning bylaw provisions stated below as the Town may adopt or further amend and adopt, provided that if any portion of the Nay 1956 revised map and provisions shall not be adopted or not futher amended and adopted, the most nearly corres- ponding provisions of the 19~3 zoning words and zoning map as previously amended shall continue in force in supplement to and not in conflict with so ~ch of the ~ay 1956 revised, provisions and map as maybe adopted or further amended and adopted by the iown, and provided that the Town Neeting shall have liberty to adopt, amend and adopt, or reject any or all of the ~ay 1956 revised zoning provisions and zoning map proposed below, including without limiting the generality of the foregoing the lot size requirements proposed, the zoning district boundaires proposed, the land use regulations proposed and the number, kind and names of ztning districts proposed. NORTH ANDOVE~ ZONING BYLAW CONTENTS Section l: Purposes 2: Definitions Zoning Districts and Boundaries Building and Uses Permitted and Applications of Regulations. ~.01 In All Districts. ~.02 Lot partly in North Andover, part elsewhere ~.03 Lot partly in one zone, part in another. ~.04 Non-conforming Uses. Non-conforming Uses. ..1 All Residence Districts ..2 Neighborhood Business ,Districts, General Business Districts. Industrial Districts. ..~ ~otels ..6 Outdoor Lighting " ~: Earth Material Re,oval Lot Areas & Lot Widths Required and Specific Exceptions Rural Residence Country Residence Village Residence Neighborhood Business General Business Industrial ~otels " 7: Yard Spaces Required Rural Residence Country Residence Village nesidence Neighborhood Business General Ousiness Industrial ~otels " 8: Building Heights Permitted 9: Board of Appeals, Powers & Duties. 10: Zoning amendments ll: Enforcement 12: Conflict of Laws, Validity and ~everability. SECTION 1. PL~RPOSES: VOTED to accept as written the following: For the pmrposes set forth in Massachusetts General La~s, &~hapter ~OA and all acts in amendment thereof and in addition thereto and under the authority thereof and of~ the General Laws Chapter 1~5 and any other enabling laws, the inspection, materi~ls, construction, alteration and repair, height, area, location and use of buildings and structures and 'the use of land, throughout the Town of North Andever are hereby regulated as herein provided, and the Town is hereby divided into districts as hereinafter designated, defined and described, and show~ on an official copy of the zoning map, dated June 1956, as amended, on file with the Town ~Clerk, which map is hereby ~m~~ part of this ByLaw. The vote was: !~ 6. TO~i{ 0~ N0xTH ANDO~'t~R ZONING BYLA'~'~S. June 2. } ~ . ° SECTION 2. DEFINITIONS 'For the purposes of this Bylaw, the following words and terms as used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned: 2.1 FA~LY. Any number of individuals living together in one suite of rooms as a single housekeeping unit, and having one principal cooking and food storage outfit in common among them in such suite. 2.2. 0N~E-FA~LY D~%'EDLING. A dwelling built singly and apart from any other build- lng and intended and designed to be occupied and used exclusively for residen- tial purposes by one family. 2.3 TW0-FA~,~ILY DWMI.LING. A free standing building intended and designed to be occupied and used exclusively for residential purposes by each of not more than two families. 2.4 LOT. A~n area of la nd in one ownership with definite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the m site of one or more buildings or for any other definite purpose. 2.5 STR~~T. A public way, or a private .way open to travel by the general public, or a way shown on a plan of a subdivmsion theretofore duly approved by the Planning Board. 2.6 BUILDING. The word "building" shall include the word "structure," unless the consext unequivocally indicates otherwise. 2.7. EP~ECTE'D. The word "erected" shall include the vords "built" "constructed", "reconstructed," "altered," "enlarged." and "moved." 2.8. STORY. Treat portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than one-half of such portion verticially is velow the mean finished grade of the ground adjoining such building. 2.9. HALF STORY. A story directly uhder a sloping roof in which the points of in- tersection of the bottom of the rafters with the interior faces of the walls are less than three feet above the floor level. 2.10.FR0~ Y~a~D. An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building~ stand s. 2.11 REA~ t~P~). Az~ open space extending across the entire width of a lot between thereat of any building thereon and the rear lot line of the lot on which such building stands. 2.12 SIDE Y~%ND. An open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extend between the front yard and the rear yard on such a lot. Section R. D~i. NITIONS was voted unanimously to accept, as read. So declared .. ZONI~[~ DiST~£OTS A~D BOUNDARIES. SECTION 3. 3.1 The Town of North Andover is hereby divided into zoning districts designa- ted as follows: P, UF,~IL ~-~ES~DE~CE DISTRICTS COUNTRY RESiDkNCE DISTRICTS VILLAGE i~SID~CA DISTP~ICTS NEiGP~0RH00D BUSi~SLSS DISTR_~ CTS G~,~Ei~L BUSINESS D!ST~iCTS IND'~}~ S t.N IAL DIS TR!C TS. Section 5.1 was a ~animous vote and so declared. 5.2 in the event of any discrepance between the ~o~daries of the zoni~ districts as shovm on the official ~p ~d as herei~fter described or defined, the descriptions hereinafter set forth shall govern, as amended. Section 3.2. was a ~animous vote ~d so declared. 3.3 Rural Resodence Districts. Every part of the To~ of North ~dover not otherwise hereinafter desi~ated Co~tryF aesidence, Village Residence, Neighborhood Business, General Business or Industrial District is hereby expressly declar~:d to be in Rural Residence District. Section 3.3- was a unanimous vote and so declared. AND0%~]{ ZONING BYLAWS JU~YE 3% 1956 3.) TOWN OF N0nTH Country aesidence DistricTs. 3.41 That part of North andover Township surrounding the old colonial North Andover Center and extendin~ beyond to the particular boundaries recited below, except such areaa within said Country ~esidence zoning district boundaries as may subsequently be duly declared to be in any other kind of zoning district. Northeasterly and easterly by the thread of Otevens ~ill Pond beginning at Stevens Street. Easterly and northeasterly by the location line of the former railroad right of way(in 1955, used as an electric power line right of way) from its crossing over the thread of water inflow to Stevens Pond to a point on said location line 250 feet northwesterly from I~arbleridge Road center line; Generally easterly by a line parallel to smd 250 feet westerly from the center line of ~arbleridge Road be~een said former railroad location line and a point on the center line of Johnson ~treet, 250 feet northwesterly from the center line of ~arblerldge Road; Southerly by a straight line connecting the point aforesaid on the center line of Johnson Street and a point on the center line of ~%rnpike Street 250 feet northwesterly from the center line of Hillside Road; Southeasterly by a line parallel to and 250 feet northwesterly from the center llne of Hillside Road, between Turnpike Street and the Andover Town line; Southwesterly by the Andover-North Andover town line between Hillside Road and ~averley Road; Northwesterly and westerly by thevarious courses of the North Andover Town line, from the Andover-Lawrence-North Andover common boundary point on or close to ~averly i~oad, to a point on t he North Andover town line about 150 feet southerly from the center line of Greene Street; ~ortherly and northeasterly by a line parallel to and 150 feet Noutherly from the center line of Greene Street, between the Lawrence-North Andover boundary and Linden Avenue; Easterly by a line oarallel to and 100 feet westerly from the center line of Linden Avenue; Southerly by a line parallel to and 100 feet southerly from the center line of Woodstock Street and said line extended tangent easterly to ~assachusetts Avenue; Northeasterly by that portion of the center line of ~assachueetts Avenue between its intersection with a line parallel to and 100 feet southerly from ~oodstock Street center line extended, and Chickering Road; Southemsterly by Chickering Road center linebetween M~ssachusetts Avenue and Phillips Brooks Road; Northerly by the center line of Phillips Brooks Road between Nassachusetts Avenue and 0sgocd ~treet; Westerly by thecen~er line of Osgood Otreet between Phillips Brooks Road and Bay State Road; Northerly by a tangent extension easterly of the center line of Bay State Road between 0sgood Street and Court ~treet; Westerly by the ceoter line of Court Street between said Bay State Road center lineextended ar~ the jmmtion of Pleasant Street, Court ~treet, 0sgoo6 ~treet and Park Street; Northerly by the center line of Pleasant Streetbetween the aforesaid junction and otevens Street; Northwesterly by the center line of that short portion of Stevens Street between its i~tersection with Pleasant Street and its crossing over the outflow thread of Stevens hill Pond to the point of beginning. Section 3.4 Country Residence Districts, Sub Sec. 3.41 was a unanimous vote and so declared. ~.~2 That ~ rt of North andover township adjoining the westerly side of 0ssood Street between Sutton Street and Chickering Road as more particularly boz~mded mud described below, except such portions of the area within said Comutry Residence Zoning District boundaries may subsequently be duly declared to be in,any other kind of zoning district. ~orthwesterly by Sutton Street Center Line; Northeasterly by 0sgood Street center line between Sutton Street and Chickering Road. Southeasterly by Chickering hoadcenter line between Osgood Street and the former Salem l~ailroad at Chickering Road. Southwesterly by a line parallel to and 200 feet northeasterly from the location line of former Salem Railroad right of way between Chicke ring Road and Prescott Street. Northerly by Prescott Street center line; Westerly by a line parallel to and 125 feet easterly from Needy Street center line an~ sai~ line extended across Chadwick Street from Prescott ~treet to Sutton Street. Section 3.4 S~b. Sec. 5..42 was a unanimous voze and so declared. p TOWN 05 NOi~TH Ai,?D0%~R ZONING EY LA~¢¢$ CJl~ 30, 1956 · 3.5 Village Residence Districts. 3.~1 That built-up northwesterly portion of North ~ver, mainly northerly of Greene Street and of l~ssachusetts Avenue and m~inly westerly of Chicker- i~6 iload, more particmlarly bounded and described below, except such areas within said Village Residence zoning district bounda~.ies a~ may subsequently be declared to be in any other kind of zoning district. Northerly by that portion of the North &ndover town line between the inter- section of the Sha~sheen }~iver with the Boston ¢; ~aine Railroad location line at the Oity of Lawre~}ce Bo~kndary, and the intersection of the North Andover town line with the center line of Marblehead Street extended; Easterly by a portion of Marblehead Street center line; Northerly by Belmont Street center line between l~rb!ehead Street and a point on Belmont Street ~enter line about 200 feet easterly along said line from its intersection with the ce~ter line of Patriot Street; Westerly by a portion of a line parallel to and a00 feet easterly from Patriot Street center line between Belmont Street and May Street; Northerly by the center line of May Street; Easterly by a line oarallel to and 225 feet westerly from the center line of Main Street; N%rthwesterly by a line parallel to and 100 feet southeasterly from Sutton Street center llne; Northwesterly by a portion of ~[ain Street center line; Northeasterly by the center line of Water Street between Second Street and Merrimack Street and by a small portion of t he center line of Merrimack S Street and Elm Street and by a line oarallel to and 225 feet southwesterly from the center line of Water Street'between %errimack Street and Elm Street and by a portion of the center line of Elm Street;Northeasterly by the center line of Water Street and said line extended between Elm Street and Clarendon Street, and by a portion of the center line of Clarendon Street; Northeaster- ly by the center line of Bast Water Street between Clarendon Streetn and Chickering Road, by a portion of the center line of Chickering Road by the center line and the center l~ne extended of Wayne Street, so called,between Chickering Road and 0sgood Street; Southeasterly by a portion of the center line of Osgood Street between Wayne Street and a point on 0sgood Street center line ]50 feet from its intersection with Phillips Court center line; ~7ortheaster!y by a line parallel to and 135 feet northeasterlyfrom that line of Phillips Court thattrend$ approximately S 55°, 26' E, and such line ex- tended to 0sgood Street; Southeasterly by a line parallel to and 120 feet southeasterly from that line of Phillips Court thattrends approximately S 4[p°, 33' W; Southerly by the center line of Pleasant Street between a point on said center line 120 feet Southeasterly from its intersection with the center line of Phillips Court to the intersection of center line of Pleasant Street and Court Street; Southeasterly by the center line of Court Street between Pleasant Street and the center line of Bay State Road exten- ded tangent easterly from 0sgo0d Street to Court otreet; Southerly by the center line of ~ay State ~oad extended easterly between Court ~treet and Osgood Street; Easterly by the center line of Osgood Street between Bay State Need and Phillips Brooks Road; Southerly by the center line of Phillips mrooks Iioad between 0sgood Street and Chiokering Road; South- easterly by a portion of Chickering Read center line; Wouthwesterly by that portion of the center line of Massachusetts Avenue between Chickerlng Road and a line parallel to and 100 feet southerly from Woodstock Street center line, extended; Southerly by a line parallel to and 100 feet south- erly from the center line of Woodstock ~treet; Westerly by a line parallel to and 100 feet westerly from Linden Avenue center line. Southerly by a line parallel to and 150 feet southerly from Green Street Center line; South- westerly, westerly and northwesterly by that winding portion of the North Andover town line between a line parallel to and 150 feet southerly from Green Street~ and the intersection of t~Shawsheen River with the Boston Maine Railroad location line at the City of Lawrence Boundary. Sec. 3.5 S~b.Sec. 3.51 was a unanimoos vote and so declared. ¢.p2 A small area both sides of 2aunders Street near Sutton Pond, bounded: Northerly by the no;,therly sideline of that portion of Saunders Street that trends approximately ~ 7°, 30' N and said line extended easterly to the shore of Sutton Pond; Northeasterly by the southwesterly shore of Sutton Pond; Southeasterly by a line at a right angle to Saunders Street center line at its southerly terminus; Southwesterly by a line parallel to anm 180 feet northeasterly from Hain Street center line between t he line acro~s Saunder~ Street southerly terminus and the southeasterly side line of the Town of North Andover ~radstreet School lot; Northwesterly by a short portion of said Bradstreet School southeasterly lot line; Southwesterly by a line parallel to and 125 feet southwesterly from that portion of Saunders Street :enter line that trends in two courses about ~ 45°, O' W and N 24°, %etween the aforesald Bradstreet School southeastef, y lot line and the oresaid Saundcrs 6trout northerly sideline trending E 7°, 30' ~5 Sub Sec. 5.52 was a unanimous yote and so declared. TOWN 0P NO.' TH ANDOVER ZONING BY LAHS JUNE 1956 5. ) 3.53 That small north central portion of North Andover, bounded: Northerly and northwesterly by that portion of Sutton Street center line between a point 125 feet from Thorndike Street center line and a line parallel to and 125 feet easterly from Reedy Street center line, extended to intersect Sutton Street; Southerly by Prescott Street center line; Southwesterly by a line parallel to and adjoining the former Salem Railroad right of waw location line between a point near the Junction of Prescott, High and Elm Streets and a point near the southeasterly end of Thorndike Street and thence by a line parallel to and 125 feet southwesterly from the center line of Thorndike Street. Sec. 3. Sub. Sec. 3.53 was unanimous and so declared. 3.5~ A small area on the northwesterly side of Sutton Street bounded; south- easterly by the center line of that portion of Outton Street between a point on Sutton Street 300 feet northeast of ~ethuen Street and a point on Sutton Street 125 southwest of Thorndike Street. Northwesterly by a line parallel to and 750 feet northerly from the center line of Sutton Street; between a point on Sutton Street 300 feet northeast of Methuen Street and a point on Sutton Street 125 feet southwest of Thorndike Street. Sec 3. Sub Sec. 3.54 was a unanimous vote and so declared. 3.6 Neighborhood Business Districts. Land within the districts described below is hereby declardd to be Neighborhood Business Districts. 3.61 At North Andover Center south of the Common both sides of Johnston Street bounded; Northeasterly by a llne parallel to and 90 feet northeasterly ~rom the northeasterly sideline of Johnson 5treet; Southeasterly by a line parallel to and 200 feet southeasterly from the southeasterly side line of Andover Street and said side line extended tangent all the way across Johnson Street between its west and east side lines; Southwesterly by a line parallel to and 75 feet southwesterly from the southwesterly side line of Johnson Street; Northwesterly by that portion of the southeasterly side line of Andover Street and said line extended tangent all the way across Johnson Street between a point on said Andover Street line approximately 75 feet westerly along it from its intersection with the southwesterly side line of Johnson Street and a point on said Andover Street line about 90 fee~ northeasterly along it from its intersection with the northeasterly side line of Johnson Street. Sec 3.6- Sub Sec. ~.61 was a unanimous vote and so declared. 3.62 Land in North ~ndover with the buildings thereon bounded and described as follows: Beginning at a point on the southwesterly side of Middlesex Street, in the northeasterly corner of the ~remises in question; thence running south- westerly 180 feet to a point at the intersection of Waverly Road and Harold Street; thence turning and running southwesterly 80 feet to a point;~ thence turning and running northwesterly 200 feet to a point in the south side Middlesex Street; thence turning and running northeasterl~ 66.5 feet to a point; thence running in an easterly direction alor~ the southwesterly side of ~iddlesex Street94.95 feet to the point of beginning. Sec. 3.6. Sub. Sec. 3.62 was unanimous and so declared. 3.63 A parcel of land in North ~ndover together with the buildings thereon, bounded Beginning and described as follows: Beginning at a point in the north- westerly side of Middlesex Street at the intersection of Middlesex Street and Waverly ~oad in the southwesterly corner of the promises in question; thence running northeasterly 120 feet along Waverly Road to a point; thence turning and running southwesterly 195 feet to a point; thence turning and running southeasterly 90 feet to a point in the northwesterly side of Middlesex Street thence turning and running northeasterly along the northwesterly side of Eiddlesex Street 1~6 feet to the point of beginning. Sec. 3.6. Sub Sec. 3.63 was a unanimous vote and so declared. 3.7 ~aaeral Business Districts. 5.71 Portions of both sides of Main Street and of Water Street more particularly bounded and described as follows: Northerly by a portion of the former Salem kailroad lccatlon line; Easterly by a line parallel to and 165 feet easterly from Main Street center line between the former Salem Railroad location line and Saunders Street; Northeasterly by a line parallel to and 125 feet southwesterly from the center line of that portion of Saunders Street that trends in two cm~rses about N 2~°, 50' W and about N [~5° 0' W; Southeasterly by a short portion of the Sradstreet School southeasterly lot line; Northeasterly by a line parallel to and l~0 feet northeasterly from ~ain Street center line, and extending some 700 feet or more in length ~,etween said Bradstreet School southeasterly lot line and a point on the re of Sutton Hill Pond generally southeasterly of the intersection of ~nd, ~iain and ~ater Streets; Northeasterly by the southwesterly shore of 'on ~[ill Pond; ' TOWN OF N01iTH AND0~J]~i ZONING BY LAWS . JUNE 50, 1956 6. ) S~e 7. ~b. Sec. ~.7! Con't. Southeasterly by a line at a right angle to Water Street center line and passln~ through a point thereon about 105 feet southeasterly from the center line of Herrimack Street; Northeasterly by the center line of Water Street between I~errimack Street and Elm Street; Southwesterly by a line parallel to and 225 feet southwesterly from ~ater Street center line between Elm Street and ]',ierrimack Street; Northwesterly by a short portion of }~errimack Street center line; Southwesterly by Water Street center line between ~errimack Street and.~ Street and by a short portion of ~;iain Street center line near S ~ Second Street; ou~heasterly by a line oaraltel to and 100 feet southeasterly from Second Street center lines; Southwesterly and westerly by a line parallel to end 22~ feet southwesterly from ]~ain Street center line between .9~.ond Street and ~,~ay Street; Northerly by a portion of ~ay Street center line; Westerly by a portion of ~,~ain Street center line between ~,~ay Street and the fo~m~r Salem E~ilroad location. Sec. 7- Sub. Sec. ~.71 was a unanimous vote and so declared. 5.72 In tha Iierther!y sector of the intersection of Turnpike ~treet and Andovor otrcet the following two parcels of land: (1) The parcel of land with buildings thereon presently known as Thomson's Restaurant bounded: Southeasterly by ~ndover Street center line; Southwesterly by Turnpike Street center line; Northerly by land now or formerly of Ethel Freeman, (2) The parcel of land with buildings thereon presently known as the Furniture Barn bounSed a~d described as follows: Beginning at a point in the Northerly line of Salem ~rnpike, said point being 280 feet Northerly from a stone bound · ~rking the ~esterly end of a curve at the junction of Salem Turnpike and Andover Street; thence Merthwesterly by the Easterly line of Turnpike lll.~ feet to a point; thence Northeasterly 391.72 feet to a point; thence South- easterly 172.0~ feet to a point on the Westerly line of Andover Street; thence Southerly by the Westerly line of Andover Street 207.95 feet to a point, said point being 187.50 feet Northe~y from a stone bound marking the Easterly end of a curve at the junction of Andover Street and the Salem Turnpike; thence Westerly 295.3~ feet to the point ofbeginnin~. The vote on Sub Sec. 3.72 was AFFIRmaTIVE lbl. NEGATIVE 19. So voted. 3.?~ V0q%~ That the proposed revision of the North Andover Zoning Bylaw and the map made a part thereof be amended by striking and removing all of Section ~.73 from the proposed revision and by deleting from the map any marking of the area included in saidsection as a business district. The vote on Sub sec. 3-73 was A~FIR~'D~TI~ 171. NE~ATI¥~ 24. So voted. Sec. 7. Sub. Sec. 3-74 Continued on next sheet. T0',~N 0~' NORTH ANDOVER ZONING BY LA¥1S JUh~E 30, 1956 3.7~ The Planning Board recommends that the following businesses already in existence be zoned as General Business. In addi- tion, the l~ard will recommend that other businesses, likewise in existence, be so zoned if and when proper descriptions by metes and bounds of such properties now used for general bust- ness can be obtained. (1) The land in North Andover with the buildings thereon. presently known as Thompson's Restaurant, bounded and described as follows: Beginning at a stone bound on the Salem Turnpike, so- called, and then running northerly 35~- 44'-55' west two hundred and eighty feet to a point, thence; in an East- erly direction two hundred and ninety-five and 53/100 feet by land now or formerly of Ethel M. Freeman to Andover Street, so-called, thence; Northerly 20-27'-05' east one hundred and eighty-seven and 50/100 feet to a stone bound on Andover Street, thence; in an arc seventy-four and 99/100 feet to the bound first men- tioned, being the point of beginning, containing 35,567.4 square feet. (2) The land in North Andover, with the buildings thereon, presently knovn~ as Charles Steak House, located on the westerly side of Osgood Street, bounded and described as follows: Northerly 200 feet by the south- erly side of Sutton Street; easterly by the westerly side of said Osgoood Street 330 feet; southerly 200 feet by other land of the said Effie C. I<ostandin; and westerly 330 feet by land now of the City of Lawrence. (3) Land in North Andover with the buildings thereon, presently known as Little Red School House bounded and described as follows: Beginning at a stone bound (4) (5) (6) (7) in the westerly line of Osgood Street, which stone bound is at land now or formerly of Hayes; thence running westerly by land now or formerly of HayeSl 210 feet to a stone bound; thence turning and running northwesterly by land of said Hayes, 125 feet more or less, to an iron pipe; thence turning and running southerly by ]and now or formerly of Steinberg, 141 feet to a stone bound; thence turning and running south- easterly by land now or formerly of Steinberg 156 and 5/10 feet to a stone bound; thence turning and running southwesterly by land now or formerly of Steinberg 66 feet to a stone bound; thence turning and running southeasterly by land now or formerly of Steinberg 206 feet to a stone bound at Osgood Street; thence turning and running northerly by the westerly line of Osgood Street about 285 feet to a stone bound at point of be- ginning, containing about 59,000 square feet. The parcel of land present]y known as the Blue Pox, in North Andover, on the more or less northerly side of Great Pond Road, being shown on Plan of Land owned by Stefanowicz, North Andover, Mass., Charles E. Cyr, C. E., April 1947, which parcel is bounded and dascribed as follows: Beginning at a stone bound in the northwesterly inter- section of Osgood Street and Pond Street, and thence running northeasterly along said Osgood Street 404 and 11/100 feet to a stone hound in the more or less southerly side of Osgood Street; thence turning and running more or ]ess southeasterly by lots numbered 61, and 60, as shown on said plan 203 and 36/100 feet to the westerly side of a proposed street as shown on said plan; -thence-turning and framing southwesterly along smd westerly side of smd proposed street 30 and 17/100 feet to Great Pond Road; thence turning and running along the more or less northerly side of Great Pond Road 347 and 60/100 feet to a stone bound in said northerly side of Pond Street; thence turnin~ and running northwesterly 44 and 82/100 feet to the stone bound, the point of beginning; containing 2.2 acres, more or less. The land in North Andover with the buildings thereon presently known as Faro's Diner located on the south side of Osgood Street, bounded and described as rod lows: Southeasterly by Barker Street 590 and 15/100 feet; southwesterly in two courses by Osgood Street 221.85 feet and 145 feet; northerly by land of Barker along the bed of an old wall 242 feet; and northeasterl~ again by land of Barker 8.99 feet, all of said measure- ments being as shown on plan of land owned by Stefano- wiez, North Andover, Mass., August 1947, Charles E. CFr, C. E. Land in North Andover, together with the buildings thereon, located on the southeasterly side of Chicker- ing Road presently known as the Hi-Spot, being bounded and described as follows: Beginning at a point in the northwesterly corner of the premises in question on the southeasterly side of Chickering Road; thence running Southeasterly 150 feet to a point; thence turning and running southwesterly 155 feet to a point; than turning and running northwesterly 155 feet to a point on the southeasterly side of Chickering Road; thence turning and running northeasterly along the southeasterly side of Chickering Road 155 feet to the point of beginning. The land in North Andover, with the buildings thereon. presently known as Woody's, bounded and described as follows: Northerly 226 feet, more or less, by land now or late of Coolidge, southeasterly, 280 feet, more or less, by Chickering Street, southerly 30 feet, more or less, by land now or formerly of Schruender; and westerly, 178 feet, by land now or late of one Melamed. · TOWN OF ~O~i?H AND0\~E~ Z0NI;':G BYLAWS JUN~ ~0, 1956 8.) (9) (10) (11) (12) A parcel of 'land. with the' buildings thereon, presently used for s gasoline filling station situated in North Andover bounded and described as follows: South- westerly by MassachusetTs Avenue 73 feet; northwest- erly by land now or formerly of Cahill 124,56 feet; northeasterly by land now or formerly of Molloy 110.37 feet; and southeasterly by Pe~ugz Street 66.50 feet. And also a parcel of ]and with the buildings thereon, presently known as the Town Line Restaurant, situated on the ~ortheasterly side of Massachusetts Avenue in North Andover and bounded and described as follows: Beginning on Massachusetts Avenue at land now or formerly of T. E. Foye; thence running northwesterly by the northeasterly line of Massachusetts Avenue about 273 feet to the southeasterly pier of the bridge on Massachusetts Avenue over the Shawsheen River; thence turning and running northeasterly, easterly and southeasterly by said River about 420 feet to land now[ or formerly of said T. E. Foye; thence turning andl running southwesterly by said Foye land about 225/ feet to Massachusetts Avenue at the point of beginning./ Containing about 44400 square feet. And also a parcel of land with the buildings thereon.[ situated in North Andover on the northeasterly side/ of Massachusetts Avenue and bounded as fo]lo%vs: Be- ginning on said road at the southeasterly corner of said lot and land of John Carey~ thaen~C~n~Ortthh~ernlYortbhy. said Carey's land 150 feet o P ' ; . ' westerly by land formerly of ~. L. web, stet by a.s. tra,g, ht line to and through a maple tree stanaing near the euge of the Shawsheen River to said river; thence up said river bounding by said river to a line drawn from a poini in the northeasterly line of said road to said river, which line is parallel with an 150 feet distant north- westerly from the northwesterly line of said Carcy's land and bound first mentioned; thence southwesterly by said parallel line on other land formerly of J. L. Webster to said road; thence southeasterly by said road 1,50 feet to the point of beginning. The above three parcels are all included in one tract. Land in North Andover, toRether with the buildings thereon, presently known as Bulger's Animal Hospital, bounded and described as follows: Beginning at a point on the southeasterly side of Chickering Road in the northwest corner of the premises in question; thence running southeasterly 125 feet to a point; thence turn- ing and running southwesterly. 200 feet to a point; thence turning and running northwesterly 12.q feet to a point on the southeasterly side of Chickering Road; thence turning and running northeasterly 200 feet along the southeasterly side of Chickering Road to the point of beginning: A parcel of land in North Andover with buildings there- on. presently including Ffollins Service Station and the Middlesex Market located on Middlesex Street. Massa- chusetts Avenue and Perry Street, bounded and described as follows: Beginning at a point at the june-[ tlon of Perry Street and Massachusetts Avenue and~ running southwesterly on Massachusetts Avenu?. feet, more or less, to the jm~etion of Middlesex S~ree~,] thence southeasterly 83 feet; thence northeasterly 95' feet to a point; thence northwesterly 75 feet more or, less, to a point; thence northeasterly 65 feet to Perry[ Street; thence northwesterly :145 feet to the point of] beginning. A parcel of land in North Andover with buildings there-! on, now or formerly the property of C. D. Glermie,[ bounded and described as follows: Starting at Shawsheen River along Beechwood Street[ 150 feet northeasterly to Beechwood Street; thence' easterly 300 feet to a point: thence northeasterly 335 feet to s point east by northeast 115 to a point, thence southwesterly 85 feet to a point: thence easterly 115 feet to a point, thence southwesterly 640 feet to a point; thence to the Shawsheen River fo]lowing the To~vn Line of North Andover 790 feet more or less to the starting point at Beeehwood and Shawsheen t~iver. A parcel of land in North Andover with buildings thereon, presently the glennie's Milk Plant, bounded and described as follows: Beginning at a point on the northeasterly side of Massachusetts Avenue in the southeasterly corner of the premises in question thence running northwesterly 290 feet along Massachusetts Avenue to a point; thence turning and rtmning north- easterly 200 feet to a point; thence turning and running southeasterly 268.8 feet to a point on the westerly side of Marblehead Street; thence turning and running southerly 28.8 feet to a point on the northwesterly side of Williams Street; thence turning and running south- westerly 180.5 feet to the point of beginning. _ _ The first twelve (12) items of section 5.74 were a unanimous vote and so declared. u.~, OF N'O~:TH A~DOVE}~ ZONING BYLAWS JU~E 30, 1956 9. ) ' ~eation 3.74 Continued. A ~ · together with the building thereon, (13) A parcel of land in North nagger, presently known as ~:cAloon~s Package Store, bounded and described as follows: A certain parcel of land at the Junction of Pleasant Street and ~'ranklin Street, beginning at an intersection at the southerly line of Pleasant ~treet with northerly line of Franklin Otreet to beginning curve of said street line; thence southwesterly still b~ said northerly llne of ~ranklin Street by a curve of 72,22 f~et radius to end of said curve; thence westerly stil1 by northerly line of ~ranklin ~treet 59 feet more or.~ss to easterly line of Chickering Road; thence northerly by easterly line of Ohickering Road about 52 feet to remaining part of Lot 59; thence northeasterly by said Lot 59, 59 feet more or less to scut southerly line of Pleasant Street; thence by said southerly line of Pleasant Street ~esterly 120 feet to the point ofbeginning. Thc vote on Oection ~.7h Item 13, was unanimous and so declared. it was further moved and seconded under the above Item 1~ by adding thereto a certain parcel of land situated at Franklin and Avon Streets, North Andover, ~'~ssachusetts, being shown as LOt #36 on a plan of lan owned by ~eorge W. kussell and recorded with the North kssex District ~egistry of Deeds, Book 182, Page 600, bounded and described as follows: l~o_ therly by Franklin Street fifty (50) feet. Westerly by Lot #57, Southerly by Lot #35 and Easterly by Avon ~treet, all shown on said plan. Containing about 5,000 seuare feet, more or less. Excepting therefrom that portion of theabovedescribed premises taken by the a~o~mmonwealth of ~assachusetts by a taking dated ~,~ay 12, 1931 and recorded with said North Essex Distriot Registry of Deeds, Book 599, Page 4. The vote was unanimous and so declared. (141 A parc~l of land i~ North And~)ver, together w{th the bmldings thereon, presently known as Campbell[ Market, bounded and described as follows: Beginning] at a point on the westerly side of Waverly Road feet northerly from the northerly line of Union Street; thence running northeasterly by said Waverly Road 86 feet to land once of Michael J. Dooley; thence turning~ at a right angle and running northwesterly by said land once of Michael J. Dooley 63.7 feet to a point by land now or once of Thomas and John Dooley; thence turn- ing and running by said land now or once of Thomas and John Dooley 107 feet to WaveriY Road to the point of beginning. (15) First Parcel--A certain parcel of land in North An- dover, together with the buildings thereon, presently known as the K. M. Crawford Company, bounded and described as follows: North 50 feet by the southerly line of Middlesex Street: thence east 100 feet by lot No. 42 on said plan; thence south 50 feet by lot No. 64 on said plan; thence west 100 feet by lot No. 40 on said plan. Second Parcel--A certain parcel of land in North An- dover together with the buildings thereon, owned by Kenneth M. Crawford and Esther R. Crawford bounded and described as follows: Beginning at a point in an easterly line of Marblehead Street 100 feet northerly from the intersection of the easterly line of Marblehead Street with the northerly line of Union Street at land now owned now or once by Lillian M. Schmottlach and Alfred G. Schmottlach and thence running northerly 190 feet more or less. along said easterly line of Marblehead Street; thence running easterly 287 feet by lot "A" on plan of land designated "Division of land belong to heirs of Peter Reeves." R. II. Ellis, Engineer, April 7, 1923. recorded with Essex North District Registry of Deeds, Plan number 502; thence running southerly 100 feet by Baldwin Street on plan of land of Davis and Furber Machine Company made in 1897; thence running west- erly 97 feet by lot numbered 5 on said plan of Davis and Furber Machine Company; thence running south- erly 90 feet more or less by lot No. 10 on plan of Greene Farm recorded with Essex South Registry af Deeds, book 708. last leaf; thence running Westerly 188 feet more or less to the point of beginning; being a certain portion of the premises conveyed to the said Arthur A. Reeves and Mildred B. Reeves by deed of Andrew Reeves dated September 16. ]939. (16) A certain parcel of land in North Andover. together with the buildings thereon, presently known as Fern- ham's Nursery, being bounded and described as lows: Starting at the northwest corner of the premises in question at a corner of the war at the junction of Berry Street and Turnpike Street; thence running east- erly 445 fee~ as the wall stands to a stone bound by said Berry Street; thence turning and running south- erly 160 feet to a stone bound on Turnpike Street. The land and premises southeas! of this bound being owned by Mr. Farnham and his wife; thence turning and running northwesterly by the wall on said Tllrnpike Street 432 feet to a cross wall at the junction of Berry Street und said Turnpike Street: thence northerly 16 feet more or less together with any rights or title we may have in the triangle north of the described premises at Berry Street and Turnpike_S_tre.et. TO,TN OF NO TH AI~DO~ ZONING BY LAV~S JUS~E 30, 1956 15. ) (17) A certain parcel of lanvin iXTorth Andover, together with the buildings thereon, presently known as Saul's gasoline filling station, bounded and described as fol- lows: Said piece of land bounded on the northeast by State Highway Route 114 for a distance of 364.38 feet opposite State Highway Stations ~178-179~180-181 and bounded on the northwest by Commonwealth of Massa- chusetts 29.48 feet on the southwest 363.46 feet: and by land owned by Edward W. Saul on the southeast 85.67 feet said bounds having been surveyed by Mr. Brasseur and marked by iron pipe. (18) A certain parcel of land in North Andover. together with the buildings thereon, presently known as Louis H. McAloon's, Building Contracting, bounded and described as follows: Beginning at a point in the north- erly line of Third Street in said North Andover, land now or formerly of Stevens; thence running west- erly by said northerly line of Third Street 80.0 feet more or less to a point which is 60.0 feet easterly of the easterly line of Lot 16 on a plan of Moody Bridges, said plan being recorded at Salem, Book 589; thence turning and running northerly in a line parallel with said easterly line of Lot 16, and 60.0 feet distant there- from to a point in the southerly line of Lot 14; said point being 60.0 feet easterly from the intersection of the easterly line of Lot 16 with the southerly line of Lot 14 on said plan; thence running easterly by said Lot 14 154.0 feet more or less to land of Keniston; thence southeasterly about 132.5 feet; thence north- easterly 4.0 feet both by Keniston and Stevens land; thence southeasterly by Keniston land 206.0 feet to the point of beginning, or however otherwise said boundary lines run. (19) A certain parcel of land in North Andover, together with the buildings, thereon presently utilized as a market, bounded and described as follows: Northerly 50 feet by Union Street; thence easterly 105 feet by land now or formerly of one McNiff; thence southerly 75 feet by lot numbered 4, as shown on said plan; and westerly 120 feet by Lot 2, as shown on said plan. (20) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Lund's Garden Center, bounded and described as follows: Starting at the Boston & Maine Railroad right of way on Chickering Road and rum~ing 300 feet in a north- easterly direction to the land of Alice B. Colgate; thence northwesterly along the land of Alice B. Colgate a distance of 250 feet; thence southerly a distance of 400 feet to the Boston & Maine Railroad right of way; thence 236 feet along the Boston & Maine Railroad right of way to the point of beginning. (21) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Bill's Auto Service, bounded and described as follows: Bounded easterly by Chickering Road, 250 feet; southerly by Park Street, 150 feet; westerly by lots #13-43 and 44; thence northerly by Franklin Street, 225 feet. (22) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Lake- side filling station, bounded and described as follows: Bounded northerly 180 feet by Osgood Street; north- easterly 70 feet by Great Pond Road; easterly 125 feet by other land of mine; southerly 185 feet by other land of mine; and westerly, 125 feet by other ]and of mine. (23) A certain parcel of land in North Andover. together with the buildings thereon, bounded and described as follows: First Parcel: Being the land situated in North Andover, and bounded northerly 30 feet by land now of Gaumond southeasterly 40 feet more or less by Chickering Road; and westerly 40 feet more or less, by land now of Melamed, being triangular in shape. Second Parcel: Being the land with buidin~s thereon situated in North Andover, and bounded northwesterly, 325 feet more or less by Chickering Road; easterly, 219.25 feet more or less by Dufton Court; southerly 4~.6 feet, more or less, by land of Smith; southeasterly, 209 feet, more or less, by land now of Smith and Mc- Murray; southerly, 39 feet, more or less, by land of Nelb; and westerly 135.4 feet, more or less, by land now of Carbonero. (24) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Man- gano's, being bounded and described as follows: ~qning at the easterly line of Chickering Road at a point about 225 feet north from the northeasterly line of Pleasant Street; thence running northerly along said easterly line of Chickering Road 305.62 feet to a stake; thence turning and. running northeasterly by land N/F of Village Land Company 35 feet to a pipe; thence turning and running southeasterly 263.9 feet To a stake; thence turning and running southwesterly by land of Subatch 275 feet to a stake; thence turning and running northwesterly by land of Messina 76.18 feet to point of beginming, containing 50,000 square feet, more or less. · O~,~N OF NO_~TH ANDOVER ZONINC BYLAW,S J-tIME 30, 1956 (25) A certain--parcel of land in North ~-nd~ver_presently known as Verda's Garage together with the buildings thereon, bounded and described as follows: Beginning at an oak stake set in the westerly line of Salem Street, 240 feet more or less north from the intersection of the westerly line of said Salem Street with the northerly line of Abbott Street; thence running westerly 228.40 feet by land now or formerly of Victor Verda et al, to a stake set in the ground; thence turning and rtmning southerly by land heretofore conveyed by us to Leopold Michalski 136 feet more or less to a stake set in the northerly line of said Abbott Street; thence turning and running easterly by said Abbott Street, 227.30 feet to another stake set in the ground on the said northerly line of Abbott Street; thence turning and. running with the curved contour of the intersection o~ said Abbott Street and said Salem Street to the left and in about a northerly direction 50 feet more or less to another stake set in the said westerly lihe of said Salem Street; thence running northerly by said Salem Street 184.40 feet to_the point of beginning. 11. ) Section 3-74 Items fourteen (14) to twenty-five (25) Incl. were a unanimous vote and so declared. 26. A certain parcel of land in ~orth ~ndover, together with the buildings thereon, ~resently known as the D&F Concrete Products bounded and described as follows: ~eginning at an iron pin on the northerly side of Hillside Road at land of ~'ram~ P. and Katheri~e Hennessy and running in a northwesterly direction along a wire ~enoe and a stone wall 187.62 fset to an iron pin; thence turning and rm~ning in a southeasterly r~w~$~Exi~xax~t~mxmi~ direction by other land of the grantors being parcels #2 and #~ as shown on said plan 1~5.85 feet to an iron pin; thence t~rnin~z and running in a southerly direction by a hedge mad also by lot #3 as shown on said plan 61.93 feet to an iron pin on the northerly side of Hillside Road, which pin is 50.95 feet westerly from an iron pin on the westerly side of the Andovev By-Pass; thence turning and running southwesterly along the northerly side of the said Hillside ~oad 95.95 feet to the point of beginning. Also the land adjoining in North Andover with the buildings thereon, presently known as Trombly Oervice Station, bounded and described as follows: Beginning at an iron pin on the northerly side of said Hillside Road by lot #l as shown on Plan ~#2674 in North Bss~x District ~egistry of Deeds and thence running northerly 61.93 feet to an iron oin; thence turning and running northwesterly 1)5.85 feet to an iron oin in a stone wall by land of Sarah Downing Heirs; thence turning and running along a stone wall in a northerly direction 402.88 feet to an iron pin in a stonewall; thence turnin~ and running in an easterly direction 110.95 feet to an iron pin by land now or formerly of the Trustees of ~hillips ~cademy; thence turning and running in a general southerly direction 549.0 feet by land of the said Trustees to an iron oin on the westerly side of the Andover By-Pass; thence turning mud r~nning in a southerly direction along the westerly line of the Andover By-Pass 150.0 feetto an iron pin on the Northerly side of HillsideRoad; thence turning and r~nmuing along the northerly side of said Hillside Road 50,95 feet to the iron pin first begun at. Sec ~.74 Item 26 was a ~uanimous vote and so declared. (27) Parcel-L A certain pa~'~el of Land in North Andover with the buildings thereon, presently known as the North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: Beginning at a point 160 feet southeasterly from the intersection of Massachusetts Avenue and Commonwealth Avenue on the southwesterly side of Massachusetts Avenue; thence running southeasterly 310 feet to a point; thence turning and running southwesterly 100 feet to a point; thence turning and running northwesterly 310 feet; thence turning and running northeasterly 100 feet to point of beginning. Parcel II. A certain parcel of land in North Andover with the buildings thereon, presently known as the North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: The parcel of land in question is located on the southwesterly side of Massachusetts Avenue beginning at a point at the southwesterly corner of land now or formerly of one Longbottom; said point being 100 feet southwesterly for the southwesterly line of Massachusetts Avenue and 160 feet from the southeasterly line of Commonwealth Avenue; thence southeasterly 249 feet more or less by land now or formerly of Longbottom, Desrosiers. Hen- nessy, Ca]abrese. Kama] and Hennessy, said line being 100 feet from and parallel to the southwesterly line of Massachusetts Avenue. to a point 113 feet from the westerly side of Beechwood Street; thence southwest- er]y with an interior angle of 90 degrees 300 feet more or ]ess to the Shawsheen River; thence northwesterly by the Shawsheen River 280 feet more or less to land now or formerly of Turner; thence northeasterly by land now or formerly of Turner, Williams, Towne, Fogerty and McDonough 250 feet more or less to the point of beginning containing 74,000 square feet more or less. TO¥~'N OF N0.~TH AIIDOVER ZONING BY LA~;4$ JUNE 50, 1956 12. ) (28t A certain-p~rcel of land~n North Andover with the buildings thereon, presently known as Welch's Plumb- ing and Heating, bounded and described as follows: Be- ginning at a point on the southwesterly side of Main Street in the southeasterly corner of the premises in question: thence running southwesterly along May Street 160 feet to a point; thence turning and running northwesterly 50 feet ~o a point: thence turning and running northeasterly 60 feet to a point; thence turn- mg and running northwesterly 100 feet to a point; thence turning and running in a northeasterly direction 100 feet along the Boston & Maine Railroad right of way to a point in the southwesterly side of Main Street; thence turning and running southeasterly along the southwesterly side of Main Street 160 feet to the point of beginning. (29) A certain parcel of land in North Andover with the buildings thereon, presently known as Pappalardo's Variety and Trombly Service Station bounded and described as follows: 175 feet southerly along Main Street to a point; thence 330 feet westerly along the Boston & Maine Railroad to a point; thence 50 feet northerly To a point on the southerly side of Sutton Street; thence 375 feet northeasterly along the south- erly side of Sutton Street to the point of beginning. (30) A certain parcel of land in North Andover with the buildings thereon, presently known as Messina's Market bounded and described as follows: Beginning at a point at the intersection of Main and Sutton Streets on the northwesterly side of Sutton Street in the south- easterly corner of the premises in question. 170 feet southwesterly along Sutton Street: thence 60 feel north- westerly to the Boston & Maine Railroad right of way; thence 185 feet northeasterly to a point in North Main Street; thence 135 feet to point of beginning. (31) A certain parcel of land in North Andover with the buildings thereon~ presently known as the Veteran's of Foreign Wars, Post 2104 bounded and described as fol- lows: Beginning at a point a~ the northerly intersec- tion of Park Street and Chickering Road; thence running northeasterly 170 feet along Chickering Road to a point: thence turning and running easterly 751 feet to a point on the westerly side of Avon Street; thence turning and running southeasterly 192.24 feet to a point on the northerly side of Park Street; thence turning and running westerly in two courses 102.89 feet and 59.79 feet along Park Street to the point of beginning. (32) A certain parcel of land in North Andover with the buildings thereon, now or formerly of Driver bounded and described as follows: Beginning at a point at the southwesterly intersection of Park Street and Chick- ering Road; thence running in a southwesterly dire( tion 230 feet along Chickering Road: thence turnin and running southeasterly 84.7 feet to a point; thence turning and running northeasterly 270 feet ~o Park Street; thence turning and running westerly 87.2 feet to the point of beginning. (33) A certain parcel of land in North Andover with the buildings thereon, presently known as Young's Club and the Dairy Queen bounded and described as follows: Beginning at a point at the westerly intersection of Park Street and Chickering Road; thence running southwesterly 180 feet along Chickering Road to a point in Main Street; thence turning and running north- westerly 250 feet to the intersection of Park and Main Streets: thence turning and running easterly 220 feet along Park Street to the point of beginning. ¢34) A certain parcel of land located on High Street, North Andover numbered Lot 44 on Assessors Plot "52. and with the buildings thereon, presently known as Mann's Variety bounded and described as follows: Beginning at a point on the southwesterly side of High Street in the northeasterly corner of the premises in ques- tion; thence running southeasterly 100 feet to a point; thence turning and running southwesterly 70.7 feet to a point: thence turning and running northwesterly 100 feet to apoint; thence turning and running northeast- erly 69.59 feet to the point of beginning. (35) A certain parcel of land in North Andover with the buildings located thereon, presently known as Hilton's Variety, bounded and described as follows: Beginning at an iron pipe on the northerly side of Middlesex Street in the southeasterly corner of the premises in question; thence running northerly 100 feet to an iron pipe; thence turning and running westerly 50 feet to sn iron pipe; thence turning and running southerly 100 feet to an iron pipe in the northerly side of Mid~llesex Street;I thence turning and running easterly 50 feet along the] northerly side of Middlesex Street to an iron pipe, the[ point of beginning. ! TOW~ 0~' ~0~ TH ANDOVE~ ZONING BYLAWS ~JNE 30, 1956 (36) A certain parcel of land in North Andover with the buildings thereon, presently known as the Den Rock Drive-In Theater, bounded and described as follows: Beginning at a point on the northeasterly side of Win- throp Avenue 990 feet northwesterly from the inter- section of Turnpike Street and Waverly Road; thence running along Winthrop Avenue 815 feet to a point; thence turning and running northeasterly 700 feet to a point; thence turning and running southeasterly 660 feet to a point; thence turning and running easterly 261 feet more or ]ess to a point; thence turning and running southwesterly 596 feet more or less to the point of beginning. (37) A certain parcel of ]and in North Andover with the bin]dings thereon, presently known as Fonid's Bakery bounded and described as follows: Beginning at a point at the westerly corner of Beverly and Union Streets and running westerly 155 feet more or less by the northerly line of Union Street to a point, then running northerly 90 feet more or less to a point, .thence turning and running easterly 155 feet to a point on the westerly side of Beverly Street, thence turning and running southeasterly 90 feet more or less to point of beginning. (38) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Robin- son's Express Company, bounded and described as fol- lows: Beginning at a point on the northerly side of Second Street, thence running northwesterly by land now or formerly of Stewart 300 feet to land now or formerly of Lawlor; thence turning and running north- easterly by said Lawlor land 58 and 45/100 feet to a point; thence turning and runmng southeasterly 53 feet to a point; thence turning and running northeasterly 110 feet to a point; thence turning and running south- easterly 142 and 63/100 feet to a point, the last three courses being by land now or formerly of the Village Land Company; thence turning and running southwest- erly by two courses 133 and 84/100 feet by land con- veyed by me to George L. Newcomb et ux; thence turning and running southeasterly by said Newcomb land 100 feet to Second Street; thence turning and running southwesterly by Second Street 40 feet to the point of beginning; containing 31,915 square feet more or less; being shown as Lot "B" on "Plan of Land in North Andover, Mass. Owned by Mary E. Robinson" recorded in the North District of Essex Registry of Deeds as Plan No. 2826, being part of the premises con- veyed to me by Daniel J. Gregan by deed dated Decem- ber 9, 1929, recorded in said Registry of Deeds book 550 page 38. Sec. 3.7~. Items 27 to 38 (Incl.$ were a unanimous vo~e and so declared. 39. VOTED that Section 3.74 of the proposed amended Zoning Bylaws as it may relate to general business be further amended by adding thereto this Item 39 so that as amended there shall be designated as a general business area the follow- lng described pa rcel of property: A certain parcel of land located in North Andover on the northwesterly side of 0sgood ~treet, being shown as lots numbered 1,2,3 and 4 on Plan of Land in North Andover, Mass., owned by Stanley and Mary Stefanowicz, trustees, Charles E. Cyr, Civil Engineer, dated December 1945, bounded and described as follows$ Beginning at a stake at a wall in the said northwesterly side of Osgood Street and thence running more or le ss northwest- e~ly ~ong the northwesterly side of 0sgood Street three hundred forty-seve~ and 3/10 feet to a County Bound in the said northwesterly side of 0sgood Street, thence turning and running along land now of Leo ~urphy in a northwesterly direction two hundred twenty-five feet, more or less, to a County bound; thence turning and running more or less southwesterly ~ cng laud now or late of Steinberg three hundred fifty-six and 5/10 feet to a County bound in the north- easterly side of County Road, also known as Clark Street; thence turning and running southeasterly along the said northeasterly side of Clark Street one hun- dred seventy-five feet to a stake; Uhence turning and running forty-one and 16/100 feet along a line having a radius of twenty-five feet to a stake~ the point of beginning. Being the same premises purchased from Stanley and ~ary Stefanowicz by deed dated August 23, 1951, recorded with the North District Essex ~egistry of Deeds, Book 755, page 6. The vote on Item 39 was n~animous and so declared. ~0. VOTED that Section 3.74 of the proposed amended Zoning bylaws as it may relate to general business be further ~mended by adding thereto Item 40 so that as amended there shall be d~nated as a general business area the following de- scribed parcel of property: A certain parcel of land located in North Andover, numbered 127-129-131 Narblehead Street, North Andover, bounded and described as .lows: Be at th~ intersection of ~arblehead Otreet and Middlesex Street ~id , thet westerly by the northerly line of said Middlesex Street ~nd now or formerly of L. Greenwood; thence northerly by s aid of said Greenwood; thence easterly ninet? feet by laud now . TOWN OF NORTH A~0Vt!R ZONINC BYLAWS. JUNE 50, 1956 sec. 5.74. Item ~0. Con't. of formerly of Greenwood to the westerly line of Marblehead Street; thence southerly fifty feet to ~iddlese× Street and the point ofbeginning; and being the same oremises conveyed to us by Ruby E. Blanchard, Conservator, by deed recorded with the North District Esse~ )~egistry of Deeds. The vote on Item40 was unanimous and so declared. Sec. 3.75 VOTED q~T TH~ A~ DESCRIBED in Sec. 5.~4 be deleted from Industrial Districts and included in the General Business Districts as Sec. 5.75 which is as follows: Deginnin$ at a point in the easterly line of the Salem ~rnpike, said point being 138 feet northerly from Hillside Road; thence northerly by the easterly line of Oalem Turnpike 719 feet to a point; thence northeasterly by a stone wall, 34.05 feet to a point; thence easterly by the stone wall, 680.~2 feet to a point; thence southwesterly, 565 feet to a point; thence southeasterly 200 fee~ to a point in the northerly line of Hillside Road; thence southwesterly by the northerly line of Hillside Road, 100 feet to a point which is ll0.7 feet from the Salem Turnpike; thence northwesterly 91.5 feet to a ppint of beginning. The vote on Sec. 5-75 ~as unanimous and so declared. ~.8 ~2,~DUST~IAL DISTKiCTS 3.81 All that northernmost portion of North Andover township north of the northerly Lake Cochichewick watershed divide line, more particularly bounded as follows: Zortheasterly by the Haverhill-North ~ndover boundary between the ~errimack River and a point southerly of 0sgood Street. Easterly and south- easterly' b~ a line parallel to and distant 500 feet easterly from the center line of 0sgood Street between the Haverhill-North Andover boundary and Barker Street; Southeasterly by that portion of the center line of Osgood Street between Barker Street an~ Sutton Street; Southeasterly and southerly by the center line of that portion of Sutton Street and between Os~ood Street aud a point o~ Sutton Street ~OO feet ncrtheast of Eethuen Street; Southerly by a line parallel to and 750 feet northerly from the center line of Sutton Street, between a point on Sutton ~00 feet northeast of ~ethuen Street and a point on Sutton Street 125 feet south- west of Thorndike Street; ~outherly by the center line of that portion of Sutton ~treet between a point on Sutton ~treet 125 feet southwest of Thonrdike Street and ~.'~ain ~treet. Easterly by the center line of Hain Street between Sutton Street and ~ay Street; Southerly by the center line of Hay Street; Easterly by a line parallel to and 200 feet easterly from the center line of Patriot Street, between ~ ~ ~aj Street and belmont Street; ~outherly b~ the center line of Belmont Street; Westerly by a short portion of I,tarblehead Street center line between Belmont Street and the Lawrence North kndover town line. Northwesterly and northerly by the North andover town line between the foot of ~arblehead ~treet and the t~averhill-North Andover boundary; Southwesterly and westerly by the former location of Wood Lane. The vote was unanimous and so declared. It was further VOTED under Sub.Sec. ~.81 an amendment to the Industrial Zoning Law that the land Easterly of Osgood Street from what is now Faro~s Diner to what used to be or now is known as High Bridge Brook be kept as Rural Residential. q~s vote was unanimous and so declared. 3.82 A finger of land embracing the~Sutton. 0sgood, Davis & ~uroer end Otevens ~ilts, b~ing bounded: Northerly by Sutton Stroet Center line; Northeasterly by a line parallel to and 125 feet southwesterly from the center llne of Thorndike Street; thence by a connecting line parallel to and 200 feet northeasterly from that portion of the former Salem Railroad right of way location line between a point near the southeasterly end of Thorndike Street and Chickering Road; Southeasterly by a short portion of Chickering ~oad center line; A point, thence by a line parallel to and 225 feet northwesterly from High Street center line, thence by thc location line of the former Salem Railroad right of way, thence by High Street center line, thence by a line parallel to and 200 feet northeasterly from said railroad location line between Hish Street and Northeasterly by the former Salem Railroad location line between Chickering Road and Stevens Street; Easterly by Stevens Street center line between the railroad location and Pleasant ~treet; Southwesterly by Pleasant Street center line to a point thereon 120 feet southeasterly from its intersection with Phillips Court center line; Northwesterly by a line parallel to and 120 feet southeasterly from that line of Phillips Court that trends approximately S~!~!°, 3~'W; Southwesterly by a line parallel to and 155 feet northeasterly from that line of Phillips Court that trends approximately S 55°, 26' E and such line extended northwesterly to 0sgood Street; Northeasterly by a portion of 0sgood Street center line beginning at a point thereon 550 feet northeasterly of its intersection with Phillips Court center line and extending thence easterly to the center llne of Wayne Street, so called; TOWN OF N0~TH A~O0Vt~ ZONING BYLA~VS JUNE 30~ 1956 S$c. 3.8. Sub. Sec. 3.81 Con't. Southwesterly by thecenter~iine of Wayne Street, so-called, between Osgood Street and Chickering Road; Southeasterly by a short portion of Chickering Road center line; Southwesterly by East Water Street center line; Southeasterly by a short portion of Clarendon Street center line: Southwesterly by Water Street center line, extended, between Clarendon Street and a point on Water Street center line about 105 feet southerly from Merrimack Street center line; Northwesterly by a line at a right-angle to Water Street center line and passing through a point thereon 105 feet southerly from Merrimack Street center line; Southwesterly by a portion of the southwesterly shore of the mill pond, and thence by a portion of a line parallel to and 180 feet northeasterly from Main Street center line; ~N'orthwesterly by a line at a right-angle to Saunders street renrer line at the southerly terminus of Saun- ders Street; Southwesterly by the southwesterly shore of Sutton Mill Pond between the aforesaid line at a right-angle to Saunders Street center line at its southerly terminus and the easterly extension of that northerly side ]ine of Saunders Street that trends approximately E 70°, 30' N; Southerly by that northerly side line of Saunders Street that trends approximately E 7~, 30' N and said line extended easterly; Westerly by a line parallel to and 165 feet easterly from Main Street center line; Southerly by a portion of the former Salem Railroad location line: Westerly by Main Street center line between the former Salem Railroad location line and Sutton Street. 3.83 At Greene Street and the Shawsheen River, being a cer- tain parcel of land together with the buildings thereon, presently known as Wipex Incorporated, bounded and described at follows: Beginning at an iron pipe in the southwest side of Greene Street, North Andover in the Northeast corner of the granted premises; thence running in a westerly direction in an arc 90.16 feet to a point; thence running southwesterly along said Greene Street 280.83 feet to a town bound; thence turning and running in an nTegular southwesterly direction follow- ing along the Shawsheen l~Jver to an iron pipe; thence turning and running southeasterly along land now or formerly of Ivar L. Sjostrom. Jr.. 276-18 feet to an iron pipe; thence turning and running northeasterly 135.42 feet to an iron pipe; thence continuing to run in a north- easterly direction 134.88 feet to an iron pipe; thence continuing to run in a northeasterly direction 208.65 feet to an iron pipe on the southwesterly side of Greene Street the point of beginning. 3.84 On-t~e northeasterly side of Ttlrnpike Street, northwest of~ Hillsi~ad, a tract of land bounded as follows: . Be~im~m~ at a point in the easterly llne of t~he~lem Turnpik~ai~ polnt being 138 feet northe~ ~rom Hill- side Road; ~-n~? northerly by th~sterly line of Salem Turnpike~feet to a po~ thence northeast- erly by a stone wall,~$4~5 f~e~t~o a point; thence east- erly, by the stone wall, ~ feet to a point; thence southwe~erly, 565 fe~t~ fo a pol~thence southeasterly 200 feet to a poin~t~in' the northerly~f I-Ii]]side Road; thence sout~-~terly, by the.no~herl~r~of Hillside Road~t hich is 110.7 fe~e~f~om the Sal~j~l'urnpike; thence northwesterly 91.3 fdL~ a ~nt'~ly 100 feet to the pointl~f~ -' beginning, . ~ . 15. ) The vote on Sec. ).82, 5.85 a~ were unanimous and so declared. SECTION 4. DUILDING Ai~ USES PE~¢[ITTED, AND APPLICATION OF REGULATIONS: ~.01 In the zoning districts above specified and described, the fol2bwing de- signated buildings and alterations and extensions thereof and buildings accessory thereto anm the following designated uses of land, buildings, or parts thereof and uses accessory thereto are permitted. All other buildings an~ uses are hereby expressly prohibited, except those lawfully existing and actively in use on June l, 1956, which by the operation of this provision become lawfully non-conforming. The vote on Sub. Sec. 4.01 was unanimous and so declared. 4.02 When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the peovisions, regulations and restric- tions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. 4.03 When a zoning district boundary divides a lot in one ownership, all the zoning regulations set forth in this zoning bylaw applying to the greater part by area of such lot so divided may also be deemed to apply and govern at and beyond sumh zoning district boundary but only to an extend not more than thirty (30) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. T0~¥D OF NOHTH ~i~D0~ ZONING BYLANS JUNE 30, 1956 16. ) Sec. ~. Sub. Sec. 4.0~ Can't. 4.04 Any lawfully con-conforming building or structure snd any lawfully non- conforming use of building or land may be continued in the same kind and manner and to the same extend as at the time it became lawfully con-forming, but such build lng or use shall not at any time be changed, extended or enlarged except for a ourpose permitted in the zoning district in which such building or use is situated, or except as m~y be oermitted otherwise by the North Andover Board of Appeals. ~.05 If any lawfully non-forming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use o~ building be changed to one conforming with the North andover Zoning Bylaw in the district in which it is located, it shall hereafter continue to conform. ~.06 ~my ran-conforming building or structure destroyed or damaged by fire, flood, lm$htning, wind or otherwise to the extend of sixty-five ~65%)per cent 0~ ~0i~ 01 __TS hLPRODL2:TIONS COST AT THi~ TI~.~E 0i: SUCH damage shall not be re- built, repaired, reconstructed nor altered except for a purpose permitted in the zoning dist-cict in hhich such building is located, or except as ma~ be permitt- ed otherwise by the Board of Appeals acting under G.L.¢h.40A, as amended. Sec. 4.02 to 4.06 Incl. were a unanimous vote and so declared. 4.1 IN RESIDENT DISTI~I6~I~S_ - 4.11 Single, duplex or two-family residences and gardens, including the right to convert any one-family dwelling structure ~o ac- commodate not more than two families provided that: (al The lot area per structure so_converted shall he not less than L:ftc~m,~ (1~[00) square feet. and the street frontage width of such lot shall be not less than one hundred (100) feet; (b) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor area per dwelling unit after conversion, and that the appearance and character of a one-family dwelling shall be preserved; (c) No major exterior structural changes shall be made except such as may be required for safety by the North Andover building by laws or by Massachusetts General Laws, and that the whole cost of such alterations shall not exceed fifty (50%) per cent of the reproduction cost of such dwelling in its condition existing immedi- ately prior to such conversion; and~ (d) Stairways leading to the second or any higher floor shall be enclosed within the exterior walls of the/ building. 4.12 Renting rooms for dwelling purposes or furnishing table board to no~ more than four persons not members of the family residen~ in a dwelling so used. provided there be no display or adve. rtising on such dwelling or its lot other than a name plate or s~gn not to exceed six (6) inches by twenty-four ~24) inches in size, and further provided that no dwelling shall be erected or altered primarily [or such use. 4.13 Renting a room or rooms in a dwelling for the office of one professional person, provided there be no display or advertis- ing on such dwelling or its lot other than a professional name plate, or sign not to exceed s/x (~ inches by twenty-four (24) inches in size. 4.14 Customary home occupations, provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty~four (24) inches and provided that in any dwelling, snch customary home occupa- tions shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. 4.15 Schools. libraries, museums, churches, hospitals and con- valescent and rest homes, local passenger stations, also radio, radar, television or radio-telephone transmitting or broadcasting towers but not their studios nor offices, and not · veterinary or animal hospitals except as further provided else- where in this bylaw. 4.16 Real estate signs not m exceed twenty-four (24l inches by thirty-six {36) inches in size which shall advertise only the rental lease or sale of the premises upon which they are placed. 4.17 (al Farming of field crops, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as provided below, stud farms, poultry batteries, fur ranches and dairy farms; (b) The keeping on any lot in any residence district of a total of not more than three (3) of any kind or assort- men~ of animals or birds in addition to the household pets of the family living on such lot, but not the keep- mg of any animals or birds or pets of persons other than those resident on such lot, except as further pro- vialed below; (el On any lot of not less than three (3) acres ares and situated in a not thickly aettled part of a Country Resi- dence, a Rural Residence or an Industrial District, but only on such lots in such parts of such districts, vet- erinarians and others may keep more than three (3) animals or birds not necessarily owned by the persons resident on such lot, provided that on such lots there bo no slaughtering, packing or processing of meat, entrails, organs, skina, hides, pelts, fur. feathers or b_o.~e,s2 a, nd.. pt?vid.ed, th. at ~nimal hospitals, kennels~ ~'~.D, Sec k. ll iter~ (al VQTED (un~-n~imgusly) twelve thousand f'v~ ~.,c. ndred (12,500) squ~re rea~. ~0¥,~Y Of ~70'2:£['! AND0¥E~., ZONING BYLAWS ~JNE 30, 1956 17.] S~c. 4.1 Con't. 4.18 Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, no~ious, or offensive to the neighborhood. ~.19 On any lot in any Residence District, garaging or off-street parking, covered or open, of not more than four motor vehicles, ~'~'rh-~__~re~'i~.--'~.~-~__~ ~ Sour ~uo-t~m~-veh~-s, of which not more than two nmy be commercial vehicles, but not counting farm trucks nor motor-powered agricultural impleme~_ts of an agricul- turally active farm or orchard on which such vehicles are parked. Sec. h.1. Sub. eec. h.ll to 4.19 Incl. were a unanimous vote and so declared. 4.2 IN HL£GHDORH00D BUSI~!ESS DISTRICTS 4.21 Sto?es not exceeding fifteen htu'~dred (1500) square feet floor area per store for the retail sale of food, drugs and other articles or co~.modities for w~ use ~d consumption in ~g~wk~ neighboring households, but no~ for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighbor- hood Business District shall be more than three (3) acres total land area, in- cluding offstreet automobile parking spaces. In addition there may be permitted in a Neighborhood Business District an automo~ile lubricating andgasoline filling station but only on petition, subject to site plan review and approval by the Board of Aopeals, after public hearing thereon with due notice given. Automobile repair garages and a~tomobile sales p!sces shall not be permitted in Neighborhood Business Districts. ~.22 No loading platforms or receivin~ doors shall be located on the street side of any retail store or other commercial building in a Neighborhood District. 4.23 Dwellings, subject to the same lot size yard space and all other restric- tions and conditions as would apply if such dwellings were located in a Village Residence District, also Churches, schools, likraries, museums local passenger stations and rss. nlcipal or other public or civic buildings. Sec. ~.2 Sub 5¢c. 4.21 to ~.23 Incl. were a unanimous vote and so declared. ~.5 iN GI'D~} ~AL ~USINESS DISTE!CTS 4.~1 Retail and wholesale stores, salesrooms, showrooms and places (including spaces for incidental storage) for any professional, artistic or mercantile ac- tivity not involving large-scale manufacturing on the premises, except that re- tail bakeries or retail confectioneries in which not more than five persons are engaged in the manufacture and sale on the :~remises of the bakery or confection- ery goods there produced, incl~ding ice cream, shall be permitted. 4.32 B~r:ks, offices arm municipal, civic or public service buildingssuch as post office, telephone e~ange, town offices, school library, museum, Church, local passenger station. ~.53 Hall, club, theatre or other place of amusement or assembly. 4.34 Automobile service and filling stations, automobile storage and repair garages including automobile body repairs and painting, and automooile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. 4-55 Restaurant, dining room or lunch room. 4.36 Any accessory use customarily incident ct any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. Sec. 4.3 Sub. Sec. 4.31 to 4.36 Incl. were a unanimous vote and so declared. SEC. 4.4. I Dt TRIAL DISTRICTS k.kl Any manufacturing, pr ocessing, who!~sale, warehousing or other commercial non-retail activity involving only quiet processes, quiet machinery and quiet m motive power, and free from neighborhood disturbing factors such as noises, odors or other effects, and uses of land and of buildings customarily accessory to such activity including the business office of such activity, provided that the app- licant for a permit to build, expand or alter any manufacturing industry or other permitted activity or, any activity accessory thereto shall show by written statements or other exhibits attached to the application for such permit that the activity proposed will not be noxious, offensive or detrimental to the neighbor- hood or to the Town by reason of special danger of fire explosion., pollution of waterways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or other objectionable Characteristics. 4.)17 Farmind and accesory dairy activities as specified in paragraphs 4.17, 4.18 19; also dwellings on premises actively farmed; and poultry slaughter- .ckiny and essing but not other mea~ or animal slaughtering or packing. ?OWN o? ~O~TH ~iDO~ ZO~I~S ~YI~WS ~W 30, 1956 18. ) ~¢- 4.4. Con't. 4-4 Premises of a bank, post office, tale phone exchange or telephone business office, local bus passenger station, airport. 4.~$ On oetition, subject to site plan review and approval by the Board of Appeals a~ter a pu01ic hearing thereon with due notice given, an automobile ser- vice and filling station, amotek, a diner, a restaurant, a retail food store, but no other retail stores of any kind. ~-~5 Expressly prohibited in industrial districts are automobiles junk yards, automobile outdoordead storage yards and automobile outdoor display yards. Sec. 4.~- Sub. Sec. 4.hl to 4-45 Incl. were a unanimous vote and so declared. ' 4.5 MOTELS Motels shall be permitted in any zoning district but only in i accordance with the standards set forth below and only after a public hearing by the Planning Board with due notice given on application for a motel building permit or for a building permit for a motel expansion or alteration costing more than $500 and only after site plan review and approval by the Plan- ning Board endorsed in writing on the site plan with or with- out any conditions. 4.51 If application for a permit to build a motel or to alter or add to a motel at a cost of $500 or more shall be in writing and shall include a diagram and a statement of the ownership, area, dimensions, boundaries and principal elevations of the ]and for which such permit is sought, the names of all ad- joining owners as found in the most recent tax list, the loca- tions of existing public or private ways nearest such land, and a plan, profile and cross-sections of all driveways and parking areas proposed, also the true location and ground coverage outline and dimensions of every building or structures proposed to be erected thereon. One copy of each such application and plot plan diagram and statement shall be kept on file in the office of the Building Inspector. 4.52 One copy of each such application and diagram and statement above required shall be filed with the Planning Board with a letter requesting the Board to review the site plan attached and to hold a public hearing therein. Notice of such public hearing shall be given by the Planning Board by publication at the expense of the applicant in a newspaper of general circulation in North Andover and the first appearance of such published notice shall be twelve days (12) at least before the date set for such hearing. 4.53 A permit to build a motel or to alter or add to a motel at a cost of $500,00 or more shall not be issued by the Building Inspector until he has received from the Planning Board a written statement of final approval by the Planning Board of the site plan for such motel or addition or alteration, and such statement by the Planning Board shah include a recital of the date on which the Planning Board held the public hear- above required, and a recital of the findings of the Planning Board after such hearing, including any conditions imposed by the Planning Board as part of its final approval, and the Building Inspector shall enforce the fulfillment of such condi- tions. 4.54 In reviewing each such aplication, the Planning Board shall] study the motel site plan proposed relative to the health, I safety and welfare of the prospective occupants, also the oc- cupants of neighboring properties, and users of the adjoining highway, and the welfare of the town generally, including amenity and pleasantness of site plans. In addition to com- pliance with all of the Land Space and Building Space Require- ments set forth below, the Board shall look for: (a) Traffic safety and ease of access at street and high~vay entrances and exits of motel driveways, taking account of grades, sight distances and distance between such[ driveway entrances or ex, ts and the nearest existing] street or highway intersections. (b) Safety and adequacy of motel driveway layout, aiso~ of parking and loading areas for motel patrons, and~ sufficiency of access for service vehicles such as elec- tricity, gas, fuel, telephone, laundry, rubbish removal, water, sewer, fire, po]ice, ambnlance or other routine or emergency vehicles. (c) Safe and adequate means of sewage, of garbage, and rubbish disposal; of water-supply and fire-fighting while awaiting the Fire Dept.; of heating and ventilating; also of cooking if cooking facilities be furnished. (d) Assurance of positive storm-wa~er drainage and snow- melt run-off from all driveways and parking and load- ing areas. Landscaping and building layout such as shah protect proposed motel bedroom windows from constant night invasion by automobile headlight beams or glare from illuminated signs or driveway lights. (e) Sound-proofing between sleeping rooms: windows not looking directly from room to room: and lobby or office space for registration, room keys, and safe-keeping of valuables; also lounge for waiting or-writing by patrons. 4.55 Motel lot size, land coverage, yard space and building design regulations: (a) The lot for any motel shall contain no~ ]ess than three (3) acres total land area excluding any water bodies of one-half (%) acre water service area or more, provided such lot be not less than three hundred (30(]~ feet wide at the frontage street and throughout the first two hundred (200) feet of depth of such lot, measuring from the frontage street lot line. 9 T0%~}~ 0F Nt, ~ 'w NING ,~ ..... ~ At~0V}'~{ Z0 BYLi~WS. JUh~ 30, 1956 1_.) Sec. 4,5 },{0TALS CON'T. (b) No part of~any bfl]lding on a motel lot shall be closer than fifty (50) feet to the front lot line. rear lot line or either side line of such lot. A green yard space not less than twenty (20) feet wide. measured at a right angle to each of aforesaid lot lines, shall be maintained open and green with grass, bushes, flowers and trees all along each side lot line or rear lot line of such a lot. and (except for entrance and exit driveways) along the entire front line of such lot. and such yard space shall not be built on nor paved ~,or used for automobile parking. (c) There shall be one ~bituminous~ concrete off-street and offmain driveway paved automobile parking space, open or roofed, directly adjoining each motel rental unit (d) Building on a motel lot shall not cover more than twenty-five (25%) per cent of the land area of such lot, excluding any water bodies as above specified. Not less than seventy-five (75%) per cent of the land area of such a lot shall remain open and un-built on but such open space may be used for automobile off-street parking, driveways, sidewedks and motel service yards, except that such use shall not be permitted in any part of the twenty (20) foot wide green perimeter strip above specified. (el There shall not be erected more than twenty (20) motel rental units per acre of motel lot land area excluding any wa[er bodies as above specified. (fl Each motel rented unit shall be not less than two hun- dred fifty (250) square feet habitable floor area en- closed by walls and roof. exclusive of any adjoining portions of roofed or covered walkways. Each motel ten~ ted sleeping room shall not be less than fifteen by fifteen (15) feet horizontia] dimensions, exclusive of bath or kitchenette. Each such room shall have a pri- vate bath attached. (gl Each motel structure sbaI1 contain not less than six (6) ] nor more than twelve (12) individual motel rental units, ] unless each section of twelve (12) such units be separ-I ated by an unbroken firewall from any fnrfher ~ddi-] tional such units. Each motel structure shall be of fire-] proof construction. Each such structure may he con-~ nected with other similar sfruc, ~res by a covered walk- way if of fire resistive materials. Whether or not so connected, the nearest parts of the wars or corners of such structures shall be separated by a land space otherwise open and unbuilt on of not less than thirty (30) feet. and in which, within the area bounded by the intersecting projections of the side lines of adiacent buildings, there shed] be no automobile parking or loading. th) Buildings on motel lots shall be one-story and not more than twenty-five (25) feet in height notwithstand~n~ any building-height provisions in the zoning district in which such buildings are situated, except that not more than two apartments for owner or resident manager or other resident staff may be on a second-story not to exceed thirty-five (35) feet in height. (il On each motel lot there shall be provided at least one apartment for a resident owner or manager er other responsible staff person. Each s.eh apartment shed] be not less than eight hundred (800l sc~uare feet floor area. Such apartment many include the rental officeI of the motel, and a lounge o~' other public rooms forI the use of motel patrons. Such apartment may be on a second floor as provided in (hi above but only if over a lounge or office or other public rooms or storage or supply rooms of the motel. No second story premises shall be located over any motel rental unit. Sec. ~-5- Su~, Sec. ~.5 to [~.55 Incl. wer~ a unanimo~s vote and so declared, Sec. 4.6 OUTDOOR LIGHTIA'G In all zoning districts other than General Business Districts, any outdoor lighting fixture whether temporary or permanent shall be so placed or hooded that the light sources therein is not directly visible to any motorist and so that the light source therein is not directly visible to point beyono the lot lines of the premises illuminated by such outdoor lighting fixture. Sec. 4.6 was a unanimous vote and so declared. 5.1 SECTION 5: EARTH MATERIALS REMovAL The removal of sod, loam. soil, clay, sand. gravel, or stone from l any land in the Town of North Andover not in public use hereby prohibited except such removal as may be authorizedl in any zoning district by a permit issued by the Board of Ap- ~eals and except such removal as is permitted by paragraphs 5.3 and 5.4 of this section. No such permit shall he issued ex- cept upon written application therefore to the Board of Appeals with copy to the Planning Board and after a public hearing on such application by the Board of Appeals. Such application l shah include a diagram to scale of the land concerned, indicat- ing existing and proposed elevations in the area to be excavated and stating the ownership and boundaries of the land ±0~,'. O? ~0 ~ ~h'L'O?ER ZONI~[G B~CLA~o. JU~ )0, 1956 20. ) Sec. Sub Sec. Which such permit is ~ought, the names of all adjoining owners I as found in the most recent tax list mid the approximate loca- tions of existing public and private ways nearest such land. Notice of said private hearing shall be given by publication in a newspaper published in or of general circulation in North Andover twelve (12) days at least before the date of such hearing. 5.2 A copy of any permit granted hereunder by the Board of Ap- peals, stating all of the conditions imposed, if any, including but not limited to limitation of such removal in: (al extent of time, (b) area and depth of excavation, le) steepness of slopes excavated, (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent drainage, (fl the posting of security or bond, (g) the replacement of not ]ess than six (6) inches of top- soil over the whole of any area from wi~ich earth mate- rials are removed where the location of such removal is afferward to become a residential subdivision, or, (h) in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four (4) inches of top-soil; or a copy of the denial by the Board of Appeals of any appi]ea- lion for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, in- cluding also the Planning Board and the Building Inspector. 5.3 This regulation shall be deemed not to prohibit the removal of such sod. loam, soil, clay, sand, grave] or stone as may be required to be excavated for the purposes of constructing foundations for builcling or other allowable structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades ap- proved by the Planning Board or by the Board of Appeals or for the purpose of constructing utilities or other engineering works for public service. Nor shall this regulation be deemed to prohibit the transferral of sod, loam, soil, clay, sand, gravel, or stone from one part of a lot. tract or parcel of land to an- t other part of the same lot. tract or parcel of land in the same ownership. 15.4 This regulation shall further be deemed not to prohibit the removal of the above specified earth materials by any per- [ son, firm or corporation who on the effective date of this regu- lation shall be ]awfully engaged in the business of dealing in or with any of such materials, or shah be a party to an agree- ment for the removal of any thereof, and who shall, within thirty (30) days after such effective date apply to the Board, of Appeals for a permit for such remove'l, provided that the] period within which such removal may be carried on under this I paragraph shall end on the date of formal action by the Board ] on such application or, if no such application be fi]ed, on the [ _ thirtieth (30) day after the effective date of this regulation. [ 5.1 to 5.4 Incl. were a unanimous vote and so declared. SECTION 6: LOT AREAS AND LOT WIDTHS REQUIRED AND SPECIFIC EXCEPTIONS 6.1 In determining the fulfil~ment of the minimum area and mini- mum width of lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five (75) feet in length connecting other lines bound- ing such lot which if extended would intersect, the area and width required in such lot shall be computed as if such po- tentially intersecting lines were so extended; but if a curved line more than seventy-five (75) feet in length is the whole of any one boundary line of a lot. the minimum area and mini- mum width required shah be determined entirely within the lines bounding such lot, including such curved line. 6.2 No lot. upon which is then located any building or with re- spect to which a permit has been issued and is then outstanding for the erection of any building, shall be sub-divided or reduced ~n area in any manner un]ess said lot shall thereafter fulfill the lot area. lot width and yard space requirements of this Bylaw except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or other- wise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(si retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any ~and taken by eminent domain or conveyed for a public pur- pose for which the land could have been or was taken by emi- nent domain shall not be deemed to be transferred in violation of the provisions hereof. · Sec. 6.1 and 6.2 were a unanimous vote amd so declared. .:~ ~0WN 0~: N0_~TH M~D0~ Z0i~[G BYLAWG ~gl~ 50, 1956 21.) · SF~TION 6. Con't. 6.~ In Zesldence Districts 6,)1 In Village ~esidence Districts no principal permitted building shall hereafter be erecte5 except on a lot containing not less thank twelve thousand five hundred (12,500) square feet area and not less than one hundred (100) feet feet width at the street frontage, except as may be permitted otherwise by the Board of Appeals in Village Residence Districts as further specified in Section 6.6. below. The vote on Sub Sec. 6.~1 was AFFIR~TZVE 207. NEGATIVE ~9. a 2/~ majority. 6.~2 In Country Hesidence Districts no principal permitted building shall hereafter be erected except on a lot contalni~H not less than twenty-five thousand (25,000) seuare feet area and not le~s than one hundred twenty-five (125) feet width at the street frontage. The vote on Sub Sec. 6.~2 was AFFIR?~YTI~E 176. NEGAtiVE ~9. a 2~ majority. 6.53 in ~ura! acsi~ence Districts no principal permitte~ building shall hereafter be erected except on a lot containing not less than forty-four thousand (~$,000) square feet area and not less than one hundred fifty (150) feet width at the street frontage. · he vote on ~ub. Sec. 6.35 was AFFIR~.~TtVE 226. NEGATIVE 29. a 2/5 majority. 6.4 In General Business Districts And in Neighborhood Business Districts. 6.~1. Each let shall contain not less than twenty-five thousand (25,000) square feet area and be not less than one hundre~ twenty-five (125) feet width at the street frontage, and not more than thirty five (35) percent of the total area of any such lot ~y be covered by buildings. 6.~1.2 Any yard space or area required to be kept open and unbuilt upon on such lot may ueverthelc s be used for off-street automobile parking, if otherwise lawful, except that a green strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open and green; un- built on, unpaved and not parked on, all abng each side or rear property line of such a lot wherever it abuts land residentially zoned. The vote on Sec. 6.~. Sub.Sec. 6.41 a 6.~2 were unanimous and so declared. 6.~ In Industrial Districts 6.51 ~ach lot shall contain not less than fifty thousand (50,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than thirty-five (55) per cent of the total area of any such lot may be covered by buildings. 6.52 A~y yard space or area required to be kept open and unbuilt on on such lot may revertheless, if ctherwlde lawful, be used for off-street ~utomobile parking, or for outdoor storage of articles, supplies and materials, e~cept that a green str~p not less t~an thirty (30) feet wide on which to grow grass, bushes, flowers or Orees, shall be maintained open and green unbuilt on, un- pave8 ~.~ not parked on, all along each side, orrear property line of such a lot wherever it abuts land residentially zoned. The vote on oec. 6.5 Sub. Sec. 6.5~ ~ 6.5~ were unanimous and so declared. 6.6 Lot Area and Lot Width Exceptions. 6.61 The lot area ~nd lot width requirements of paragr~h 6.3 shall not ~pply in any hesidence Districts to any lot therein containing less area of having less width than above required if such lot was lawfully laid out and duly recor- ded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of the same owner vacaot and available for combination with or use in correction with such lot, provided that the front yard, side yard, and rear yard requirements, if any, in effect on the date of recording of such plan or deed shall apply to each such lot. 6.62 in Village ~es!dcnce Districts only, as to older lots of record or area or width less than the above stated requirements, and only as to such lots if mutually adjoining, vacant, and of the same owner, the Board of Appeals may ~ermit recombination of them into new lots of not less than ten thousand 10,00~) square xeet area each, or otherwise ss may be authorized under G.L. Ch. k0A as amended. JUNE 50, 1956 TOWN OF NOETH ANDOVER ZONING BYLAWS. 22.) Seb~ 6~.6 Sub. Sec. 6.65 6~63 Notwithstanding any other provision of law, no amendment to this zoning bylaw shall apP!y to or affect the size, shape, w~dth or frontage of any lot shown on a plan of a subdivision as defined in Section 81-L in Chapter ~l of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter ~l prior to such zoning bylaw amendment, for a period of two years from the date of final subdivision approval by the Plann- ing Board of such plan or until any such lot is divided whichever occurs first, without the consent in writing of the owner of such lot, and this provision shall apply only to subdivision plans approved and recorded on or after the effective date of this sub-paragraph. The vote on Sec. ~.6. Sug.Sec. 6.61, 6.62 and 6.65 were unanimous and so declared. SECTION 7. YARD SPACES HEQUI~ED 7.1 In all nesidence ~istricts there shall be provided on each lot open yard spaces of not less than the number of feet depth below stated all along the front rear and each side property line of such lot, except as may be permitted otherwise by the Board of Appeals in Village ~esidence Districts only and only in cases therein where the literal enforcement of the number of feet yard depth stated be- low as to one or more of such yard spaces would cause unusual hardship or severe practical difficulty peculiar to the placement of a building on such lot but not on other lots adjoining or nearby within the same Village nesidence Zoning District. 7.2 No building or structure shall hereafter be erected, altered or moves so that any part thereof (~except eaves, steps of uncovered porches) shall be nearer than the number of feet belowstated from the front, side or rear line of any lot in any Residence District. 7.21 Rural Residence, 30 feet. 7.22 Country Residence, 50 feet. 7.23 Village ~esidence, 15 feet, except that the front yard on any lot in a Village Residence District shall be either~ (a) Not less than thirty (30) feet depth, or: (b) A depth not less than the average of the front yard depths of lots adjoining or within two hundred fifty (250) feet each side of the lot in question, if the existing buildings on such lots front on the same street and are within the same Village hesidence zoning district as the lot in question. (c) Provided also that where such existing buildings are already more than thirty (30) feet distance from said street line, no part of any new building shall be nearer said line than the average of the front yard depth of such existing buildings on lots adjoining or within two hundred fifty (250) feet each side of the lot in question. 7.3 In Neighborhood Business and in General Business Districts there shall be provided on each lot an open yard space of not less than twenty-five (25) feet depth all along the front and along each side property line of such lot except as may be permitted otherwise (but only as to front yards and side yards) by the Board of Appeals on petition of the property owner concerned after a public hearing thereon with due notice given. In the rear of every building or structure he,e- after erected in any Business District there shall be an open yard space unbuilt upon ef not less than thirty-five (35) feet depth. No building or structure shall hereafter be built, altered, moved, reconstructed, or extended so that any part thereof including loading platforms, covered or open, but not eaves, or steps, shall be nearer than twenty-five (25) feet from the front line or side llne of any lot in such lots, and except that any business building built prior to June l, 1956 and standing in an active business use on June l, 1~5~, may be restored, repaired or rebuilt on the location where it stood June l, 1~56, without complying with the foregoing yard space requirements, but this exception shall not apply to any other buildings. 7.4 In Industrial Districts there shall be provided on each lot an open yard space of not less than thirty-five (55) feet depth all along the front line and along each side line of such lot, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of' not less than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residentially zgned, and except that any masonry industrial building ~ ~ built pri0rto"June l, 1956 and standing in active industrial building use on June l, 1956 may be restored repaired or rebuilt on the location where it stood June l, 1956, without complying with the foregoing yard space requirements but this exception shall not apply to any other buildings except as may be permitted other- wise by the North andover Board of Appeals. Sec. 7-~Sub. Sec. 7.1 to 7.4. InclN, were a unanimous vote and so declared. 8.1 8.2 8.3 T0~,~!'? 0E )~0~TH AND0I -A~ ZONZNG BYLAWS JU~YE 30, 1956 23. ) SECTION 8: BUZLDI!?G HEIGHTS P~NITTED In Lesidenc~ Districts dwellings shall not exceed two and one-half stories or thirty-five (55) feet in height. In Neighborhood Business Districts dwellings end business structures shall not exceed two an~ one-half stories o~ thirty-five (35) feet in height. In ~eneral Business Districts dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height. In Industrial Districts buildings sh~l not exceed fifty-five (55) feet in height. The foregoing limitations of height in feet in the zoning districts desig- nated shall not apply to farm buildings on farms of not less than ten (lC) acres area, nor shall they ~ply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spire~ of churches or other buildings, provided all such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by pe rmlssion of the Boa~d of Appleas acting under ~.L.Ch.~0A as amended. Sub..Sec. 8.1 to ~.5 were unanimous and so declared. S'~CTIOi~ 9: BOARD OF ~P~dDS, ITS P~E]{S AND DUTIES: There shell be a Board of Appeals of five (5) members and not more than three Associate Hembers, which sh~l have and excercise all the powers provided under G.L. Chapter 40A as amended, and wh~fch shall hear and decide all matters specifically referred to the Board of Appleals by the North Andover Zoning Bylaw and other matters referred to such Board by Statute. The Board of Appeals Members and associate ~embers shall be appointed by the Selectmen in the manner provided by statute. On each appeal arising under the North Andover Zoning Bylaw,. the Board of Appeals shall hold a public hearing of v~ich notice shall be given by publication in a newspsper of general circulation in North Andover twelve (~) days at least before the date of such hearing. The Board shall also notify by registered mail all owners of property within three hundred (300) feet of the boundaries of each lot or lots involved. Such notices shall be mailed to such owners at the addresses sp~earing for t hem in the most recent town tax listing of said ow~ers. The vote was unanimous and so declared. SECTION 10: ZONING A.~,~NDN~_~TS AO.1 The Plarm~ing Board, on its own initiative, or on petition signed by not less than fifty (50) registered voters of North Andover, shall hold a public hearing on any written proposal to amend the Zoning Bylaw or the zoning map and shall report its recommendations thereon, if any, to a North andover Town meeting. 10.2 Each proposal to change the zoning map shall be made in writing and shall explicity state the nature, extend and location of the map change proposed and shall be accompanied by: (~) Three blackline printe of a diagram to scale showing and stating clearly the dimensions in feet of the land area proposed to bo chan~ed as to zone. (b) also a sketch or other explicit identification of the location of such land in relation to the majority of the rest of the Town. 10.3 Notice of the aforesaid public hearing on a mning amendment shall be given by publication in a newspaper published in or of general circulation in North Ahdover twelve (12) days at least before date of such hearing and by mailing copies of such notice as published to such parties as the Planning Board ~my deem interested, at the addresses for such parties as they appear in the most recent North Andover real estate tax records. Thc vote was unanimous and so declared. 1!.1 ;fo * '-" '~ .... o. ~¢.al! be erected, altered or moved in '¢~o~,th ~-~naover without a ' Such permits ~'~ be appi~ed v~zt~en oei'~a, u _~ssu~d by the za~ilain~ Inspector. ~ - . ..... , ~ ~. Th~,~t~ng Inspector shall not for in ~,u-itin~; to oho ~u~.ld~na Inspector. . ;; · ~1~_ the zntenme,~ use issue any azteC.:, permzt unless the plans for 4 ~'~ and * ~ ¢~ t.;ereo; :n ~,~- respect,; fulfilling the p~'ov!sio~s of t~[e ;forth andover exce'ot as may havo been s:~eclflcal!y permitted otherwise by action of the North Ando~'er Board of Appeals ~r otb~r compete~t authority, provided a written copy of the terms [;overninf.~ any e::ception so permitted be attached to the application for a building permit and other building pe~it issu. ed therefore. One copy of each such [~ rmit as issued, includin~.~ any conditions or exceptions attached thereto, shall be kept on file in the office of the Build~ng inspector. 11.2 Lack a~plfoation for a permit to build, alter, or move a building shall bo ., m~ ~-:' by a plot plan in duplicate drawn to scale~,.,~'owim¢'. _= end stating the bu Idzng ~imensions in fee~ of t~a lot on which such i ' ~ is proposed to be erected, a].tez'ed or mo~cd, and the location an~ grozund coverage dimensions thereon of any building or str-~'eture ?roposed to be erected or moved onto such lot. Such plot plan ~all also show each s~reet, alle~or right-of-way on or adjacent to the in ouestion. One copy of each such a~p!ic~t!on and plot plan shall be kept on file in the office cf the uu~! ..... n~ Inspector. 11.3 The ;~orth And. over Zoning Bylaw shall be enforced by the ~,;orth andover ~. ,..,e ,~,~lazn~, inspector, upon being informed in writing of Luildin~ inspector, m~.. ,.'-. ..... a ~ossible violation of this bylaw o~ on his ov~ initiative, shall make or cause to be made an 4 .... ~ ..... facts sm_d an inspection of the premises where such violation may exist. 'lhe ~/uitding inspector, on evidence of any violation after investi~cation and inspection, shall g&~-e written notice of such viohtion to the owner and %o the occupant of such yremlses, ¢n(i the [~uilding inspector shall demand :in such notice that such violation 'be abated v~thin such reasonable time as may 7s designatc~ therein by the Luilding Inspe otor. Such notice and doma~ ma! be given by mail addressed to the owner at the address ~ pearing for him on ~.~ ~, ~ Andover¢ and to the occupant u.~,e most recent rsal estate tax records of Jo_ ~h the address of the mre~:%ses of such seeming violation. !t.4 ifC after such notice and demand, such violation has not been abated withi~ the time specified, the ~u. lld=n~., ins~:ector c~ the Selectmen shall institute ama- top!rate action or pmoce¢,dings In the nam6 of the Town of %o~th ~:~dover to prevent correct, restrain or abate s_~ violation of th~s Bylaw. Sec. !!. Sub Sec. 11,t to ll.h inclusive were unanimous vote and so declared. ~s~o~ !2. 001{i"Lt0T 0~~: LA~'~S VALIDITY, 12.1 !n general ~his Bylaw is supplementary to other i,~orth Andover ~ylaws ~+'~a+~; thc use, height, area ~_d location of buildings ~d str~ct~res and the use of oremises. ?ghere this Bylaw imposes a greater restriction upon the use, hci,Lht,-area and !ooa~ion of buildings and structures a~ th~ use of premises th~=n is imposed by other by~ws, the provisions of this bylaw shall control. 12,2 The invalidity of any section o~ provision of this bylaw shall not invalidate any other section or provision thereof. Sec, lZ. Sub. Dec. !2.1 d~ 12.2 were ~animous vote ~d so declared. _pproximstely three hundred and ten (510) registered voters were present. Certified to the best of m~ ability to be a true ~" JOHN/,ffk L~ONS To w' CL K , Mass. 10, 1956. A true copy, Boston, Mass., Decembe~ 6, 19~6 The foregoing amendments to zoning by-law are hereby approved. ATTEST: / .' TOWN~/CL~ ? TOWN 0F NORTH ANDOVER ZONING BY LAWS. JUFE 50, 1956 At the Special Town Meeting held in.the Veterand Auditorinm of the North Andover High School on Saturday the ~hirtie~h day ofi.June.19~6 at 1:50 P.M., the follow- ing was voted: ' ARTICLE 1. VOTED to amend the 194} Zoning Bylaw words and the Zoning Map as hitherto amended from time to time, by substituting in their place ail or so much of the May 1956 revised zoning map and all or so many of the May 1956 revised zoning bylaw provisions stated below as the Town m~.y adopt or further amend and adopt, provided that if any portion of the May 1956 revised map and provisions shall not be adopted or not futher amended and adopted, the most nearly corres- ponding provisions of the 194~ zoning words am~ zoning map as previously amended shall continue in force in supplement to and not in conflict with so much of the May 1956 revised, provisions and map as maybe adopted or further amended and adopted by the ~own, and provided that the Town Meeting shall have liberty to adopt, amend and adopt, or reject any or all of the May 1956 ~evised zoning provisions and zoning map proposed below, including without limiting the generality of the foregoing the lot size requirements proposed, the zoning district boundaires' proposed, the land use regulations proposed and the number, kind and names of zining districts proposed. NORTH ANDOVEH ZONING BYLAW CONTENTS Section 1: Purposes 2: Definitions k Zoning Districts and Boundaries Building and Uses Permitted and Applications of Regulations. ~.01 In Ail Districts. ,~.02 Lot partly in North Andover, part elsewhere ,~ Lot partly in one zone, part in another. Non-conforming Uses. ~.05 Non- conforming Uses. ~.06 Non-conforming Uses. L.1 Ail Hesidence Districts ..2 Neighborhood Business Districts, ~.~ General Business Districts. ..~ Industrial Districts. Outdoor Lighting " 5: Earth ~aterial Removal Lot Areas & Lot Widths Required and Specific Exceptions Rural Residence Country Hesldence Village Residence Neighborhood Business General Business Indus trial Motels " 7: Yard Spaces Required Rural Hesidence Country Residence Village aesidence Neighborhood Business General Ousiness Indus trial Mo tel s " 8: Building Heights Permitted 9: Board of Appeals, Powers & Duties. l0: Zoning ~mendments ll: Enf crc ement 12: Conflict of Laws, Validity and ~everability. SECTION 1. PURPOSES: VOTED to accept as written the following: For the purposes set forth in Massachusetts General Lags, Ohapter ~0A and all acts in amendment thereof and in addition thereto and under the authority thereof and of the General Laws Chapter 1~ and any other enabling laws, the inspection, ~atertals, construction, alteration and repair, height, area, location and use ,~f buildings and structures and the use of land, throughout the. Town of North ~dover are hereby regulated as herein provided, and the Town is hereby divided into districts as hereinafter designated, ~fined and described, and shown on an official copy of the zoning map, dated June 1956, as amended, on file with the Town ~lerk, which map is hereby made a part of this ByLaw. ue vote was: AFFIRMATIVE 202. NEGATIVE 6. December 6, 1956 Mr. John J. Lyons Town Clerk North Andover, Mass. Dear Sir: I return herewith amendments to zoning by-law adopted by the town of North Andover on June 30, 1956, under article 1, together with zoning map, with the approval of the Attorney General noted thereon. Very truly yours, MATTHEW S. HEAPHY Assistant Attorney General MSH:MO$ o~ NORTN '~ ANDOVER ZONING /MAP)! : e¥.b'Lf i true copy: N-OP"'TH ANDOVIP" ZONING MAP't", JUNP. 1956 ZO N I NJ G D I 5T R i c -r 5 r, C I&L ,�I�o"RURAL RP -!S. M-WNEIGPBOPPOOD BU5iNF-5S C�. X e, COUNTRY RE5. GF -NP -RAL t5U51NP_'55 Ae L7 '"N r 17 r INDUZTPIAL C. V I I- fA G P_ R 5- C, n e, c -r Vt C C. e, C, r V 0 --7�7 ,6 0 r r el r es r r C A 'e� C, ----------- ....... -A c, . ............... C, Q ............... .................... 10, .................... ::: ...... ........... ........... .......... ............. ........ . . . ........... I ..... 1, " " I C -, - I,' -� , ,, _, " I I ( , " ",,( I � �, I - - \ .............. ............. ........... /* C, C . .... . . .... .......... J A 0 X 7. - IT, i, ......... .. C, C, C, A,# C cf 14 d e., �4or+h Andover Plann;nq Soor& C, 4� J1 < Nicholas F. Nicefta,Cha;rman, 1956 C. L John 5. 05100a 0 RoLlph F-.F;nek Ho,"ard GilrncLrL 5ZN r James M. 154OLnnon C % -C T o, A N 0 0 V P- P John T blackwell Planner E�os+on TOWN OF NORTH ANDOVER k PLANNING BOARD Notice is hereby given that the North Andover Planning Board will hold a public hearing in the Veterans Memorial Auditorium of the North Andover High School on Wednesday, June 20, at 7:45 P. M. on the proposed revision of the North Andover Zoning Bylaw and Map as printed herewith. NOR[ -H ANDOVER ZONING BYLAW CONTENTS Section 1: Purposes Section 2: Definitions Sect:on 3: Zoning Districts and Boundaries Section 4: Building and Uses Permitted and 3.1 3.2 Application of Regulations 3.3 4.01 In All Districts 4.02 Lot partly in North Andover, part elsewhere. 4.03 Lot partly in one zone, part in another. 4.04 Non -conforming Uses. 4.05 Non -conforming Uses. 4.06 Non -conforming Uses. 4.1 All Residence Districts. 4.2 Neighborhood Business Districts 4.3 General Business Districts 4.4 Industrial Districts. 4.5 Motels 4.6 Outdoor Lighting Section 5: Earth Materials Removal. Section 6: Lot Areas & Lot Widths Required and Specific Exceptions Rural Residence Country Residence Village Residence Neighborhood Business General Business Industrial Motels Section 7: Yard Spaces Required Rural Residence Country Residence Village Residence Neighborhood Business General Business Industrial Motels Section 8: Building Heights Permitted Section 9: Board of Appeals, Powers & Duties Section 10: Zoning Amendments Section 11: Enforcement Section 12: Confli�t of Laws, Validity and Severability. NORTH ANDOVER ZONING BYLAW Ma�y, 1956 SECTION 1: PURPOSES For the purposes set forth in Massachusetts General Laws Chapter 40A and all acts in amendment thereof and in addition thereto and under the authority thereof and of General Laws Chap- ter 143 and any other enabling laws, the inspection, materials, con- struction, alteration and repair, height, area, location and use of, buildings and structures and the use of land throughout the Town� of North Andover are hereby regulated as herein provided, and the' Town is hereby divided into districts as hereinafter designated, de- fined and described, and shown on an official copy -of the zoning map, dated June, 1956, as amended, on file with the Town Clerk, which map is hereby made a part of this Bylaw. SECTION 2: DEFINITIONS For the purposes of this Bylaw, the following words and terms as used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned: 2.1 FAMILY. Any number of individuals living together in one suite of rooms as a single housekeeping unit, and having one principal cooking and food storage outfit in common among them in such suite. 2.2 ONE-FAAIILY DWELLING. A dwelling built singly and apart from any other building and intended and designed to be occupied and used exclusively for residential purposes by one family. 2.3 TWO-FA31ILY DWELLING. A free standing building in- tended and designed to be occupied and used exclusively for residential purposes by each of not more than two families. 2.4 LOT. An area of land in one ownership with definite boun- daries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose. 2.5 STREET. A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.6 BUILDING. The word "building" shall include the word "structure," unless the context unequivocally indicates other- wise. 2.7 ERECTED. The word "erected" shall include the words "built ... .. constructed," "reconstructed," "altered," "enlarged," and "moved." 2.8 STORY. That portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than one-half of such por- tion vertically is below the mean finished grade of the ground adjoining such building. 2.9 HALF STORY. A story direcLly Linder a sloping roof in ivhich 3.4 3.42 the points of intersection of the bottom of the rafters with the interior faces of the walls are less than three feet above the floor level. FRONT YARD. An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands. REAR YARD. An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. SIDE YARD. An open space between the side line of a lot and the adjacent side of any building thereon, such open space, being understood to cover the entire extent between the front yard and the rear yard on such a lot. SECTION 3: ZONINGDISTRICTS AND BOUNDARIES The Town of North Andover is hereby divided into zoning districts designated as follows: RURAL RESIDENCE DISTRICTS COUNTRY RESIDENCE DISTRICTS VILLAGE RESIDENCE DISTRICTS NEIGHBORHOOD BUSINESS DISTRICTS GENERAL BUSINESS DISTRICTS INDUSTRIAL DISTRICTS In the event of any discrepancy between the boundaries of the zoning districts as shown on the official map and as here- inafter described or defined, the descriptions hereinafter set forth shall govern, as amended. RURAL RESIDENCE DISTRICTS. Every part of the Town of North Andover not otherwise hereinafter designated Coun- try Residence, Village Residence, Neighborhood Business, General Business or Industrial District is hereby expressly declared to be in Rural Residence District. COUNTRY RESIDENCE DISTRICTS. 3.41 That part of North Andover township surrounding the old colonial North Andover Center and extending be- yond to the particular boundaries recited below, ex- cept such areas within said Country Residence zoning district boundaries as may subsequently be duly de- clared to be in any other kind of zoning district. Northeasterly and easterly by the thread of Stevens Mill Pond beginning at Stevens street; Easterly and northeasterly by the location line of the former railroad right of way (in 1955, used as an electric power line right of way) from its crossing over the thread of water inflow to Stevens Pond to a point on said location line 250 feet northwesterly from Marbleridge Road center line; Generally easterly by a line parallel to and 250 feet westerly from the center line of Marbleridge Road be- tween said former railroad location line and a Point on the center line of Johnson Street, 250 feet north- westerly from the center line of Marbleridge Road; Southerly by a straight line connecting the point afore- said on the center line of Johnson Street and a point on the center line of Turnpike Street 250 feet north- westerly from the center line of Hillside Road; Southeasterly by a line parallel to and 250 feet north- westerly from the center line of Hillside Road, between Turnpike Street and the Andover town line; Southwesterly by the Andover -North Andover town line between Hillside Road and Waverly Road; Northwesterly and westerly by the various courses of the North Andover town line, from the Andover - Lawrence -North Andover common boundary point on or close to Waverly Road, to a point on the North An- dover town line about 150 feet southerly from the center line of Greene Street; Northerly and northeasterly by a line parallel to and 150 feet southerly from the center line of Greene Street, between the Lawrence -North Andover boundary and Linden Avenue; Easterly by a line parallel to and 100 feet westerly from the center line of Linden Avenue; Southerly by a line parallel to and 100 feet southerly froni the center line of Woodstock Street and said line extended tangent easterly to Massachusetts Avenue; Northeasterly by that portion of the center line of Massachusetts Avenue between its intersection with a Ime parallel to and 100 feet southerly from Woodstock Street center line extended, and Chickering Road; Southeasterly by Chickering Road center line between Massachusetts Avenue and Phillips Brooks Road; Northerly by the center line of Phillips Brooks Road bet,.veen Massachusetts Avenue and Osgood Street; Westerly by the center line of Osgood Street between Phillips Brooks Road and Bay State Road; Northerly by a tangent extension easterly of the cen- ter line of Bay State Road between Osgood Street and Court Street; Westerly by the center line of Court Street between said Bay State Road center line extended and the junc. tion of Pleasant Street, Court Street, Osgood Street and Park Street; Northerly by the center line of Pleasant Street between the aforesaid junction and Stevens Street; Northwesterly by the center line of that short portion of Stevens Street between its intersection with Pleas- ant Street and its crossing over the outflow thread of Stevens Mill Pond, to the point of beginning. Tfiat part of North Andover townslOp adjoining the westerly side of Osgood Street and Stevens Street extending from Sut- fon Street towards Stevens Mill, as more particularly bounded and described below, except such portions of the area witilin said Country Residence zoning district boundaries as may subsequently be duly declared to be in any other kind of zoning district. Northwesterly by Sutton Street center line; Northeasterly by Osgood Street center line betAveen Sutton Street and Stevens Street, and by Stevens Street center line between Osgood Street and the loca- flon line of the former Salern Railroad right of way at 9tevens Street; Southwesterly by the location line of the former Salem Railroad right ot way between Stevens Street and Chickering Road; Northwesterly by a portion of Chickering Road center line; Southwesterly by a line parallel to and 200 feet north- easterly from the location line of the former Salem Railroad right of way between Chickering Road and Prescott Street; Northerly by Prescott Street center line; Westerly by line parallel to and 125 feet easterly from Moody Street center line and said line extended across Chadwick Street from Prescott Street to Sutton Street. 3.5 VILLAGE RESIDENCE DISTRICTS 3.51 That built-up northwesterly portion of North Andover, mainly northerly of Greene Street and of Massachu- setts Avenue and mainly westerly of Chickering Road, more particularly bounded and described below, except such areas within said Village Residence zoning district boundaries as may subsequently be declared to be in any other kind of zoning district. Northerly by that portion of the North Andover town line between the, intersection of the Shawsheen�,Piver with the Boston & Maine Railroad location line at the City of Lawrence boundary, and the intersection of the North Andover town line with the center line of Marblehead Street extended; Easterly by a portion of Marblehead Street center line; Northerly by Belmont Street center line between' Marblehead Street and a point on Belmont Street center line about 200 feet easterly along said line from its intersection with the center line of Patriot Street; Westerly by a portion of a line parallel to and 200 feet easterly from Patriot Street center line between Bel- mont Street and May Street; Northerly by the center line of May Street; Easterly by a line parallel to and 225 feet westerly from the center line of Main Street; Northwesterly by a line parallel to and 100 feet south- easterly from Sutton Street center line; Northwesterly by a portion of Main Street center line; Northeasterly by the center line of Water Street be- tween Second Street and Merrimack Street and by a small portion of the center line of Merrimack Street and Elm Street and by a line parallel to and 225 feet southwesterly from the center line of Water Street between Merrimack Street and Elm Street and by a portion of the center line of Elm Street; Northeasterly by the center line of Water Street and said line extended between Elm Street and Clarendon Street, and by a portion of the center line of Claren- don Street; Northeasterly by the center line of East Water Street between Clarendon Street and Chickering Road, by a portion of the center line of Chickering Road, by the center line and the center line extended of Wayne Street, so-called, between Chickering Road and Osgood Street; Southeasterly by a portion of the center line of Osgood Street between Wayne Street and a point on Osgood Street center line 350 feet from its intersection with Phillips Court center line; Northeasterly by a line parallel to and 155 feet north- easterly from that line of Phillips Court that trends approximately S 35o, 26' E, and such line extended o Osgood Street; Southeasterly by a line parallel to and 120 feet south- easterly from that line of Phillips Court that trends approximately S 44*, 33'W; Southerly by the center line of Pleasant Street be- tween a point on said center line 120 feet southeasterly from its intersection with the center line of Phillips Court to the intersection of center lines of Pleasant Street and Court Street; Southeasterly by the center line of Court Street between Pleasant Street and the center line of Bay State Road extended tangent easterly from Osgood Street to Court Street; Southerly by the center line of Bay State Road ex- tended easterly between Court Street and Osgood Street; Easterly by the center line of Osgood Street between Bay State Road and Phillips Brooks Road; Southerly by the center line of Phillips Brooks Road between Osgood Street and Chickering Road; Southeasterly by a portion of Chickering Road center line; Southwesterly by that portion of the center line of Massachusetts Avenue between Chickering Road and a line parallel to and 100 feet southerly from Woodstock Street center line, extended; Southerly by a line parallel to and 100 feet southerly from the center line of Woodstock Street; Westerly by a line parallel to and 100 feet westerly from Linden Avenue center line. Southerly by a line parallel to and 150 feet southerly from Greene Street center line; Southwesterly, westerly and northwesterly by that winding portion of the North Andover town line be- tween a line parallel to and 150 feet southerly from Greene Street, and the intersection of the Shawsheen River with the Boston & Maine Railruad lucation line at the City of Lawrence boundary. 3.52 A small area both sides of Saunders Street near Sutton Pond, bounded: Northerly by the northerly sideline of that portion of Saunders Street that trends approximately E 71, 30' N and said line extended easterly to the shore of Sutton Pond; Northeasterly by the southwesterly shore of Sutton Pond; Southeasterly by a line at a right angle to Saunders Street center line at its southerly terminus; Southwesterly by a line parallel to and 180 feet north- easterly from Main Street center line between the line across Saunders Street southerly terminus and the southeasterly side line of the Town of North Andover Bradstreet School lot; Northwesterly by a short portion of said Bradstreet School southeasterly lot line; Southwesterly by a line parallel to and 125 feet south- westerly from that portion of Saunders Street center line that trends in two courses about N 45*1 0' W and N 24*, 30' W, between the aforesaid Bradstreet School southeasterly lot line and the aforesaid Saunders Street northerly sideline trending E 7', 30' N; 3.53 That small north central portion of North Andover bounded: Northerly and northwesterly by that portion of Sutton Street center line between a point 125 feet from Thorn- dike Street center line and a line parallel to and 125 feet easterly from Moody Street center line, extended to intersect Sutton Street; Southerly by Prescott Street center line; Southwesterly by a line parallel to and 200 feet north- easterly from the former Salem Railroad right of way location line between a point near the junction of Prescott, High and Elm Streets and a point near the southeasterly end of,,Thorndike. Street and thence by a line parallel to and 125 feet southwesterly from the center line of Thorndike Street. 3.6 NEIGHBORHOOD BUSINESS DISTRICTS. Land within the districts described below is hereby declared to be Neighbor- hood Business Districts. 3.61 At North Andover Center south of the Common both sides of Johnson Street bounded: Northeasterly by a lina parallel to and 90 feet north- easterly from the northeasterly sideline of Johnson Street; Southeasterly by a line parallel to and 2W feet southeasterly from the southeasterly side line of Andover Street and said side line extended tangent all the way across Johnson Street between its west and east side lines; Southwesterly by a line parallel to and 75 feet south- westerly from the southwesterly side line of Johnson Street; Northwesterly by that portion of the southeasterly side line of Andover Street and said line extended tangent all the way across Johnson Street, between a point on said Andover Street line approximately 75 feet west- erly along it from its intersection with the southwest- erly side line of Johnson Street and a point on said Andover Street line about 90 feet northeasterly along it from its intersection with the northeasterly side line of Johnson Street. 3.62 Land in North Andover with the buildings thereon bounded and described as follows: Beginning at a point on the southwesterly side of Middlesex Street, in the northeasterly corner of the premises in question; thence running southwesterly 180 feet to a point at the intersection of Waverly Road and Harold Street; thence turning and running south- westerly 80 feet to a point; thence turning and running northwesterly 200 feet to a point in the south side of Middlesex Street; thence turning and running north- easterly 66.5 feet to a point; thence running in an Easterly direction along the southwesterly side of Middlesex Street 94.95 feet to the point of beginning. 3.63 A parcel of land in North Andover, together with the build- ings thereon, bounded and described as follows: Beginning at a point on the northwesterly side of Middlesex Street at the intersection of Middlesex Street and Waverly Road in the southwesterly corner of the premises in question; thence running northeasterly 120 feet along Waverly Road to a point; thence turning and running southwesterly 193 feet to a point; thence turning and running southeasterly 90 feet to a point in the northwesterly side of Middlesex Street; thence turning and running northeasterly along the north- westerly side of Middlesex Street 136 feet to the point of beginning. NOTE -The Planning Board may recommend that other businesses already in existence be zoned as Neighborhood Busi- ness if and when proper descriptions by metes and bounds of such properties now used as neighborhood businesses can be obtained. providing they meet the requirements for such neighborhood businesses as are recommended in the proposed revision of the Zoning Bylaw. If they do not meet these requirements such busi- nesses may be placed in General Business districts. 3.7 GENERAL BUSINESS DiSTRICTS. 3.71 Portions of both sides of Main Street and of Water Street more particularly bounded and described as follows: Northerly by a portion of the former Salem Railroad location line; Easterly by a line parallel to and 165 feet easterly from Main Street center line between the former Salem Railroad location line and Saunders Street; Northeasterly by a line parallel to and 125 feet south- westerly from the center line of that portion of Saun- ders Street that trends in two courses about N 24% 30' W and about N 45* 0' W; Southeasterly by a short portion of the Bradstreet School southeasterly lot line; Northeasterly by a line parallel to and 180 feet north- easterly from Main Street center line, and extending some 700 feet or more in length between said Brad- street School southeasterly lot line and a point on the shore of Sutton Mill Pond generally southeasterly of the intersection of Second, Main and Water Streets; Northeasterly by the southwesterly shore of Sutton Mill Pond; Southeasterly by a line at a right angle to Water Street center line and passing through a point thereon about 105 feet southeasterly from the center line of Merri- mack Street; Northeasterly by the center line of Water Street be- tween Merrimack Street and Elm Street; Southeasterly by the center line of Elm Street; Southwesterly by a line parallel to and 225 feet south- westerly from Water Street center line between Elm Street and Merrimack Street; Northwesterly'by a short portion of Merrimack Street described as follows: Beginning at a point at the junc- Second Parcel: Being the land with buidings thereon (36) A certain parcel of land in North Andover with the center line; tion of Perry Street and Massachusetts Avenue and situated in North Andover, and bounded northwesterly, buildings thereon, presently known as the Den Rock Southwesterly by Water Street center line between running southwesterly on Massachusetts Avenue 200 325 feet more or less by Chickering Road-, easterly, Drive -In Theater, bounded and described as follows: Merrimack Street and Main Street and by a short feet, more or less, to the junction of Middlesex Street, 219.25 feet more or less by Dufton Court; southerly Beginning at a point on the northeasterly side of Win - portion of Main Street center line near Second Street; thence southeasterly 83 feet; thence northeasterly 95 45.6 feet, more or less, by land of Smith; southeasterly, throp Avenue 990 feet northwesterly from the inter - Southeasterly by a line parallel to and 100 feet south- feet to a point; thence northwesterly 75 feet more or 209 feet, more or less, by land now of Smith and Mc- section of Turnpike Street and Waverly Road; thence easterly from Second Street center lines; less, to a point; thence northeasterly 65 feet to Perry Murray; southerly, 39 feet, more or less, by land of running along Winthrop Avenue 815 feet to a point; Southwesterly and westerly by a line parallel to and Street; thence northwesterly 145 feet to the point of Nelb; and westerly 135.4 feet, more or less, by land thence turning and running northeasterly 700 feet to 224 feet southwesterly from Main Street center line beginning. now of Carbonero. a point; thence turning and running southeasterly 660 between Second Street and May Street; (11) A parcel of land in North Andover with buildings there- (24) A certain parcel of land in North Andover, together feet to a point; thence turning and running easterly Northerly by a portion of May Street center line; on, now or formerly the property of C. D. Glermle, with the buildings thereon, presently known as Man- 261 feet more or less to a point; thence turning and Westerly by a portion of Main Street center line be- bounded and described as follows: gano's, being bounded and described as follows: Be- running southwesterly 596 feet more or less to the point tween May Street and the former Salem Railroad Starting at Shawsheen River along Beechwood Street ginning at the easterly line of Chickering Road at a of beginning. location. 150 feet northeasterly to Beechwood Street; thence point about 225 feet north from the northeasterly line (37) A certain parcel of land in North Andover with the 3.72 In the northerly sector of the intersection of Turnpike Street easterly 300 feet to a point; thence northeasterly 335 of Pleasant Street; thence running northerly along said buildings thereon, presently known as Fould's Bakery and Andover Street, a tract of land bounded - feet to a point east by northeast 115 to a point, thence southwesterly 85 feet to a point; thence easterly 115 easterly line of Chickering Road 305.62 feet to a stake; thence turning and running northeasterly by land NIF bounded and described as follows: Beginning at a point at the westerly corner of Beverly and Union Streets and Northeasterly by a stone wall marking the property line of Town of North Andover; feet to a point, thence southwesterly 640 feet to a of Village Land Company 35 feet to a pipe; thence running westerly 155 feet more or less by the northerly Southeasterly by Andover Street center line; point; thence to the Shawsheen River following the Town North Andover turning and running southeasterly 263.9 feet to a stake; thence turning and running southwesterly by land of line of Union Street to a point, then running northerly 90 feet more or less to a thence turning and Southwesterly by Turnpike Street center line; Northwesterly by Peters Street center line. Line of 790 feet more or less to the starting point at Beechwood and Shawsheen River. Subatch 275 feet to a stake; thence turning and running point, running easterly 155 feet to a point on the westerly 3.73 West of Chickering Road near its intersection with Massa- (12) A parcel of land in North Andover with buildings northwesterly by land of Messina 76.18 feet to point of beginning, containing 50,000 square feet, more or side of Beverly Street, thence turning and running chusetts Avenue, a tract of land bounded: thereon, presently the Glennie's Milk Plant, bounded less. southeasterly 90 feet more or less to point of beginning. by a stone wall trending approximately due and described as follows: Beginning at a point on the (25) A certain parcel of land in North Andover, presently (38) A certain parcel of land in North Andover, together ,Northerly east -west between the former location of Wood Lane northeasterly side of Massachusetts Avenue in the southeasterly corner of the premises in question thence known as Verda's Garage together with the buildings with the buildings thereon, presently known as Robin - son's Express Company, bounded and described as fol - and the intersection of Chickering Road and Massa- chusetts Avenue: running northwesterly 290 feet along Massachusetts thereon, bounded and described as follows: Beginning at an oak stake set in the westerly line of Salem Street, lows: Beginning at a point on the northerly side of Southeasterly by Chickering Road; Avenue to a point; thence turning and running north- 240 feet more or less north from the intersection of the Second Street, thence running northwesterly by land Southerly by a line parallel to and 885 feet southerly easterly 200 feet to a point; thence turning and running westerly line of said Salem Street with the northerly now or formerly of Stewart 300 feet to land now or from the northerly bounding stone wall aforesaid; southeasterly 268.8 feet to a point on the westerly side line of Abbott Street; thence running westerly 228.40 formerly of Lawlor; thence turning and running north - 3.74 The Planning Board recommends that the following businesses of Marblehead Street; thence turning and running southerly 28.8 feet to a point on the northwesterly side feet by land now or formerly of Victor Verda et al, easterly by said Lawlor land 58 and 45/100 feet to a point; thence turning and running southeasterly 53 feet already in existence be zoned as General Business. In addl- tion, the Board will recommend that other businesses, likewise of Williams Street; thence turning and running south- to a stake set in the ground; thence turning and running southerly by land heretofore conveyed by us to a point; thence turning and running northeasterly in existence, be so zoned if and when proper descriptions b y (13) westerly 180.5 feet to the point of beginning. A parcel of land in North Andover, together with the to Leopold Michalski 136 feet more or less to a stake 110 feet to a point; thence turning and rurining south - easterly 142 and 63/100 feet to a point, the last three metes and bounds of such properties now used for general busi. be buildings thereon, presently known as McAloon's Pack- set in the northerly line of said Abbott Street; thence turning and running easterly by said Abbott Street, courses being by land now or forrnerly of the Village ness can obtained. (1) The land in North Andover with the buildings thereon, age Store, bounded and described as follows: A cer- tain parcel of land at the junction of Pleasant Street 227.30 feet to another stake set in the ground on the Land Company; thence turning and running southwest - erly by two courses 133 and 84/100 feet by land con- presently known as Thompson's Restaurant, bounded and Franklin Street, beginning at an intersection at said northerly line of Abbott Street; thence turning and running with the curved contour of the intersection ol veyed by me to George L. Newcomb et ux; thence and described as follows: the southerly line of Pleasant Street with northerly said Abbott Street and said Salem Street to the left turning and running southeasterly by said Newcomb Beginning at a stone bound on the Salem Turnpike, so- line of Franklin Street; thence running southwesterly and in about a northerly direction 50 feet more or less land 100 feet to Second Street; thence turning and called, and then running northerly 35'- 44'-55" west two 77.95 feet by the northerly line of Franklin Street to to another stake set in the said westerly line of said running southwesterly by Second Street 40 feet to the hundred and eighty feet to a point, thence; in an East- beginning curve of said street line; thence southwesterly Salem Street; thence running northerly by said Salem point of beginning; containing 31,915 square feet more "B" "Plan erly direction two hundred and ninety-five and 53/100 still by said northerly line of Franklin Street by a curve Street 184.40 feet to the point of beginning. or less; being shown as Lot on of Land in feet by land now or formerly of Ethel M. Freeman to of 72.22 feet radius to end of said curve; thence westerly (26) A certain parcel of land in North Andover, together North Andover, Mass. Owned by Mary E. Robinson" Andover Street, so-called, thence; Northerly 20-27'-05" still by northerly line of Franklin Street 59 feet more with the buildings thereon, presently known as the recorded in the North District of Essex Registry of east one hundred and eighty-seven and 50/100 feet or less to easterly line of Chickering Road; thence D&F Concrete Products bounded and described as fol- Deeds as Plan No. 2826, being part of the premises con - to a stone bound on Andover Street, thence; in an arc northerly by easterly line of Chickering Road about 52 lows: Beginning at an iron pin on the northerly side of veyed to me by Daniel J. Grogan by deed dated Decem- seventy-four and 99/100 feet to the bound first men- feet to remaining part of Lot 59; thence northeasterly Hillside Road at land of Frank P. and Katherine Hen- ber 9, 1929, recorded in said Registry of Deeds book tioned, being the point of beginning, containing 35,567.4 by said Lot 59, 39 feet more or less to southerly line of nessy and running in a northwesterly direction along 550 page 38. square feet. The land in North Andover, Pleasant Street; thence by said southerly line of Pleas- ant Street Westerly 120 feet to point of beginning. a wire fence and a stone wall 187.62 feet to an iron 3.8 INDUSTRIAL DISTRICTS. 3.81 All that northernmost portion of North Andover township (2) with the buildings thereon, presently known as Charles Steak House, located on (14) A parcel of land in North Andover, together with the pin; thence turning and running in a southeasterly direction by other land of the grantors being parcels north of the northerly Lake Cochichewick watershed divide the westerly side of Osgood Street, bounded and buildings thereon, presently known as Campbell's nd described as follows: Beginning #2 and #3 as shown on said plan 135.85 feet to an line, more particularly bounded as follows: Northeasterly by the Haverhill -North Andover bound- described as follows: Northerly 200 feet by the south- erly side of Sutton Street; easterly by the westerly side at a point on the westerly side of Waverly Road 14 iron pin; thence turning and running in a southerly direction by a hedge and also by lot #3 as shown on ary between the Merrimack River and a point southerly of said Osg000d Street 330 feet; southerly 200 feet by feet northerly from the northerly line of Union Street; thence northeasterly by said Waverly Road said plan 61.93 feet to an iron pin on the northerly side of Osgood Street; Easterly and southeasterly by a line parallel to and other land of the said Effie C. Kostandin; and westerly 330 feet by land now of the City of Lawrence. running 86 feet to land once of Michael J. Dooley; thence turning of Hillside Road, which pin is 30.95 feet westerly from an iron pin on the westerly side of the Andover By- distant 500 feet easterly from the center line of Osgood (3) Land in North Andover with the buildings thereon, at a right angle and running northwesterly by said land Pass; thence turning and running southwesterly along Street between the Haverhill -North Andover boundary presently known as Little Red School House bounded once of Michael J. Dooley 63.7 feet to a point by land once of Thomas and John Dooley; thence turn- the northerly side of the said Hillside Road 95.95 feet and Barker Street; Southeasterly by that portion of the center line of and described as follows: Beginning at a stone bound in the westerly line of Osgood Street, which stone now or ing and running by said land now or once of Thomas (27) co the point of beginning. Parcel 1. A certain parcel of land in North Andover Osgood Street between Barker Street and Sutton bound is at land now or formerly of Hayes; thence and John Dooley 107 feet to Waverly Road to the point with the buildings thereon, presently known as the Street; running westerly by land now or formerly of Hayes (15) of beginning. First Parcel -A certain parcel of land in North An- North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: Beginning at Southeasterly and southerly by the center line of that portion of Sutton Street between Osgood Street and 210 feet to a stone bound; thence turning and running northwesterly by land of said Hayes, 125 feet more or dover, together with the buildings thereon, presently a point 160 feet southeasterly from the intersection Main Street; less, to an iron pipe; thence turning and running known as the K. M. Crawford Company, of Massachusetts Avenue and Commonwealth Avenue Easterly by the center line of Main Street between southerly by land now or formerly of Steinberg, 141 described as follows: North 50 feet by the southerly on the southwesterly side of Massachusetts Avenue; Sutton Street and May Street; feet to a stone bound; thence turning and running south- line of Middlesex Street; thence east 100 feet by lot thence running southeasterly 310 feet to a point; thence Southerly by the center line of May Street; easterly by land now or formerly of Steinberg 156 and No. 42 on said plan; thence south 50 feet by lot No. turning and running southwesterly 100 feet to a point; Easterly by a line parallel to and 200 feet easterly 5/10 feet to a stone bound; thence turning and running 64 on said plan; thence west 100 feet by lot No. 40 on thence turning and running northwesterly 310 feet; from the center line of Patriot Street, between May southwesterly by land now or formerly of Steinberg said plan. thence turning and running northeasterly 100 feet to Street and Belmont Street; 66 feet to a stone bound; thence turning and running Second Parcell -A certain parcel of land in North An- point of beginning. Southerly by the center line of Belmont Street; southeasterly by land now or formerly of Steinberg 206 dover together with the buildings thereon, owned by Parcel 11. A certain parcel of land in North Andover Westerly by a short portion of Marblehead Street cen- feet to a stone bound at Osgood Street; thence turning Kenneth M. Crawford and Esther R. Crawford bounded with the buildings thereon, presently known as the ter line between Belmont Street and the Lawrence - and running northerly by the westerly line of Osgood and described as follows: Beginning at a point in an North Andover Paint & Hardware and Desrosier's North Andover town line. Street about 285 feet to a stone bound at point of be- easterly line of Marblehead Street 100 feet northerly Variety bounded and described as follows: The parcel Northwesterly and northerly by the North Andover ginning, containing about 59,000 square feet. from the intersection of the easterly line of Marblehead of land in question is located on the southwesterly side town line between the foot of Marblehead Street and (4) �The parcel of land presently known as the Blue Fox, Street with the northerly line of Union Street at land now of Massachusetts Avenue beginning at a point at the the Haverhill -North Andover boundary; in North Andover, on the more or less northerly side owned now or once by Lillian M. Schmottlach and Alfred southwesterly corner of land now or formerly of one Southwesterly and westerly by the former location of of Great Pond Road, being shown on Plan of Land owned G. Schinottlach and thence running northerly 190 feet Longbottom; said point being 100 feet southwesterly Wood Lane, by Stefanowicz, North Andover, Mass., Charles E. Cyr, more or less, along said easterly line of Marblehead "A" for the southwesterly line of Massachusetts Avenue and 3.82 A finger of land embracing the Sutton, Osgood, Davis & C. E., April 1947, which parcel is bounded and described Street; thence running easterly 287 feet by lot on 160 feet from the southeasterly line of Commonwealth Furber and Stevens Mills, being bounded: as follows: plan of land designated "Division of land belong to heirs Avenue; thence southeasterly 249 feet more or less by Northerly by Sutton Street center line; Beginning at a stone bound in the northwesterly inter- of Peter Reeves," R. 1-1. Ellis, Engineer, April 7, 1923, land now or formerly of Longbottom, Desrosiers, Hen- Northeasterly by a line parallel to and 125 feet south - section of Osgood Street and Pond Street, and thence recorded with Essex North District Registry of Deeds, nessy, Calabrese, Kamal and Hennessy, said line being westerly from the center line of Thorndike Street; running northeasterly along said Osgood Street 404 Plan number 502; thence running southerly 100 feet by 100 feet from and parallel to the southwesterly line of thence by a connecting line parallel to and 200 feet and 11/100 feet to a stone bound in the more or less Baldwin Street on plan of land of Davis and Furber Massachusetts Avenue, to a point 113 feet from the northeasterly from that portion of the former Salem southerly side of Osgood Street; thence turning and Machine Company made in 1897; thence running west- westerly side of Beechwood Street; thence southwest- Railroad right of way location line between a point running more or less southeasterly by lots numbered erly 97 feet by lot numbered 5 on said plan of Davis erly with an interior angle of 90 degrees 300 feet more near the southeasterly end of Thorndike Street and 61, and 60, as shown on said plan 203 and 36/100 feet and Furber Machine Company; thence running south or less to the Shawsheen River; thence northwesterly Chickering Road; to the westerly side of a proposed street as shown on erly 90 feet more or less by lot No. 10 on plan of Greene by the Shawsheen River 280 feet more or less to land Southeasterly by a short portion of Chickering Road �sald - plan; - thence turning and running southwesterly Farm recorded with Essex South Registry of Deeds, book 708, last leaf; thence running Westerly 188 feet now or formerly of Turner; thence northeasterly by land now or formerly of Turner, Williams, Towne, center line; Northeasterly by the former Salem Railroad location along said westerly side of said proposed street 330 and 17/100 feet to Great Pond Road; thence turning more or less to the point of beginning; being a certain Fogerty and McDonough 250 feet more or less to the line between Chickering Road and Stevens Street; and running along the more or less northerly side of portion of the premises conveyed to the said Arthur A. point of beginning containing 74,000 square feet more Easterly by Stevens Street center line between the Great Pond Road 347 and 60/100 feet to a stone bound in said northerly side of Pond Street; thence turnin-i Reeves and Mildred B. Reeves by deed of Andrew Reeves dated September 16, 1939. (28) or less. A certain parcel of land in North Andover with the railroad location and Pleasant Street; Southwesterly by Pleasant Street center line to a point and running northwesterly 44 and 82/100 feet to the (16) A certain parcel of land in North Andover, together buildings thereon, presently known as Welch's Plumb- ing and Heating, bounded and described follows: Be- thereon 120 feet southeasterly from its intersection stone bound, the point of beginning; containing 2.2 with the buildings thereon, presently known as Farn- ham's Nursery, being bounded and described as fol- as ginning at a point on the southwesterly side of Main with Phillips Court center line; Northwesterly by a line parallel to and 120 feet acres, more or less. (5) The land in North Andover with the buildings thereon �ows: Starting at the northwest corner of the premises Street in the southeasterly corner of the premises in question; thence running southwesterly along May south - easterly from that line of Phillips Court that trends presently known as Faro's Diner located on the south in question at a corner of the wall at the junction of Berry Street and Turnpike Street; thence running east- Street 160 feet to a point; thence turning and running approximately S 44', 33'W; Southwesterly by a line parallel to and 135 feet north. side of Osgood Street, bounded and described as fol- lows: Southeasterly by Barker Street 590 and 15/100 erly 445 feet as the wall stands to a stone bound by northwesterly 50 feet to a point; thence turning and running northeasterly 60 feet to a thence turn- easterly from that line of Phillips Court that trends feet; southwesterly in two courses by Osgood Street said Berry Street; thence turning and running south- erly 160 feet to a stone bound on Turnpike Street. The point; ing and running northwesterly 100 feet to a point; approximately S 35*, 26' E and such line extended northwesterly to Osgood Street; 221.83 feet and 145 feet; northerly by land of Barker along the bed of an old wall 242 feet; and northeasterlv land and premises southeast of this bound being owned thence turning and running in a northeasterly direction 100 feet along the Boston & Maine Railroad right of Northeasterly by a portion of Osgood Street center again by land of Barker 8.99 feet, all of said measure- by Mr. Farnham and his wife; thence turning and running northwesterly by the wall on said Turnpike way to a point in the southwesterly side of Main Street; line beginning at a point thereon 350 feet northeasterly of its intersection with Phillips Court center line ments being as shown on plan of land owned by Stefano- wicz, North Andover, Mass., August 1947, Charles E. Street 432 feet to a cross wall at the junction of Berry thence turning and running southeasterly along the southwesterly side of Main Street 160 feet to the and extending thence easterly to the center line of Wayne Cyr, C. E. Street and said Turnpike Street; thence northerly 16 point of beginning. Street, so called; (6) Land in North Andover, together with the buildings feet more or less together with any rights or title we may have in the triangle north of the described premises (29) A certain parcel of land in North Andover with the Southwesterly by the center line of Wayne Street, so-called, between Osgood Street and Chickering Road; thereon, located on the southeasterly side of Chicker- ing Road presently known as the Hi -Spot, being bounded at Berry Street and Turnpike Street. buildings thereon, presently known as Pappalardo's Variety and Trombly Service Station bounded and Southeasterly by a short portion of Chickering Road and described as follows: Beginning at a point in the (17) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Saul's described as follows: 175 feet southerly along Main center line; Southwesterly by East Water Street line; northwesterly corner of the premises in question on the southeasterly side of Chickering Road; thence running gasoline filling station, bounded and described as fol- hence 330 feet westerly along the Boston & Maine Railroad to a point; thence 50 feet center Southeasterly by a short portion of Clarendon Street Southeasterly 150 feet to a point; thence turning and lows: Said piece of land bounded on the northeast by State Highway Route 114 for a distance of 364.38 feet northerly to a point on the southerly side of Sutton center line; Southwesterly by Water Street line, running southwesterly 155 feet to a point; than turning and running northwesterly 155 feet to a point on the opposite State Highway Stations #178-179-180-181 and Street; thence 375 feet northeasterly along the south- erly side of Sutton Street to the point of beginning. center extended, between Clarendon Street and a point on Water Street southeasterly side of Chickering Road; thence turning bounded on the northwest by Commonwealth of Massa- chusetts 29.48 feet on the southwest 363.46 feet, and by (30) A certain parcel of land in North Andover with the center line about 105 feet southerly from Merrimack Street center line; and running northeasterly along the southeasterly side of Chickering Road 155 feet to the point of beginning. land owned by Edward W. Saul on the southeast 85.67 buildings thereon, presently known as Messina's Market bounded and described as follows: Beginning Northwesterly by a line at a right-angle to Water (7) The land in North Andover, with the buildings thereon, feet said bounds having been surveyed by Mr. Brasseur at a point at the intersection of Main and Sutton Streets Street center line and passing through a point thereon presently known as Woody's, bounded and described as follows: Northerly 226 feet, more or less, by land now (18) and marked by iron pipe. A certain parcel of land in North Andover, together on the northwesterly side of Sutton Street in the south- easterly corner of the premises in question. 170 feet 105 feet southerly from Merrimack Street center line; Southwesterly by a portion of the southwesterly shore or late of Coolidge, southeasterly, 280 feet, more or less, with the buildings thereon, presently known as Louisi southwesterly along Sutton Street; thence 60 feet north- of the mill pond, and thence by a portion of a line by Chickering Street, southerly 30 feet, more or less, H. McAloon's, Building Contracting, bounded and westerly to the Boston & Maine Railroad right of way; parallel to and 180 feet northeasterly from Main Street by land now or formerly of Schruender; and westerly, 178 feet, by land now or late of one Melamed. described as follows: Beginning at a point in the north- erly line of Third Street in said North Andover, bi thence 185 feet northeasterly to a point in North Main Street; thence 135 feet to point of beginning. center line; Northwesterly by a line at a right-angle to Saunders (8) A parcel of land, with the buildings thereon, presently land now or formerly of Stevens; thence running west- (31) A certain parcel of land in North Andover with the street center line at the southerly terminus of Saun- used for a gasoline filling station situated in North erly by said northerly line of Third Street 80.0 feet more buildings thereon, presently known as the Veteran's of ders Street; Andover bounded and described as follows: South- or less to a point which is 60.0 feet easterly of the Foreign Wars, Post 2104 bounded and described as fol- Southwesterly by the southwesterly shore of Sutton westerly by Massachusetts Avenue 73 feet; northwest- easterly line of Lot 16 on a plan of Moody Bridges, lows: Beginning at a point at the northerly intersec- Mill Pond between the aforesaid line at a tight -angle to erly by land now or formerly of Cahill 124.56 feet; said plan being recorded at Salem, Book 589; thence tion of Park Street and Chickering Road; thence Saunders Street center line at its southerly terminus northeasterly by land now or formerly of Molloy 110.37 turning and running northerly in a line parallel with running northeasterly 170 feet along Chickering Road and the easterly extension of that northerly side line feet . ; and southeasterly by Perry Street 66.50 feet. said easterly line of Lot 16, and 60.0 feet distant there- from to a point in the southerly line of Lot 14; said to a point; thence turning and running easterly 751 of Saunders Street that trends approximateIy E 70 -, 30' N; And also a parcel of land with the buildings thereon, presently known as the Town Line Restaurant, situated point being 60.0 feet easterly from the intersection of feet to a point on the westerly side of Avon Street; thence turning and running southeasterly 192.24 feet Southerly by that northerly side line of Saunders on the northeasterly side of Massachusetts venue in the easterly line of Lot 16 with the southerly line of to a point on the northerly side of Park Street; thence Street that trends approximately E 7% 30' N and North Andover and bounded and described as follows: Lot 14 on said plan; thence running easterly by said turning and running westerly in two courses 102.89 said line extended easterly; Beginning on Massachusetts Avenue at land now or Lot 14 154.0 feet more or less to land of Keniston; feet and 59.79 feet along Park Street to the point of Westerly by a line parallel to and 165 feet easterly formerly of T. E. Foye; thence running northwesterly thence southeasterly about 132.5 feet; thence north- beginning. from Main Street center line; by the northeasterly line of Massachusetts Avenue easterly 4.0 feet both by Keniston and Stevens land; (32) A certain parcel of land in North Andover with the Southerly by a portion of the former Salem Railroad about 273 feet to the southeasterly pier of the bridge thence southeasterly by Keniston land 206.0 feet to buildings thereon, now or formerly of Driver bounded location line; on Massachusetts Avenue over the Shawsheen River; the point of beginning, or however otherwise said and described as follows: Beginning at a point at the Westerly by Main Street center line between the former thence Wrning and running northeasterly, easterly and boundary lines run. southwesterly intersection of Park Street and Chick- Salem Railroad location line and Sutton Street. southeasterly by said River about 420 feet to land now (19) A certain parcel of land in North Andover, together ering Road; thence running in a southwesterly direc- 3.83 At Greene Street and the Shawsheen River, being a cer- or formerly of said T. E. Foye; thence turning and with the buildings, thereon presently utilized as a tion 230 feet along Chickering Road; thence turning tain parcel of land together with the buildings thereon, running southwesterly by said Foye land about 225 market, bounded and described as follows: Northerly and running southeasterly 84.7 feet to a point; thence presently known as Wipex Incorporated, bounded and feet to Massachusetts Avenue at the point of beginning. 50 feet by Union Street; thence easterly 105 feet by turning and running northeasterly 270 feet to Park described at follows: Beginning at an iron pipe in the Containing about 44400 square feet. land now or formerly of one McNiff; thence southerly Street; thence turning and running westerly 87.2 feet southwest side of Greene Street, North Andover in the And also a parcel of land with the buildings thereon. 75 feet by lot numbered 4, as shown on said plan; and to the point of beginning. Northeast corner of the granted premises; thence situated in North Andover on the northeasterly side westerly 120 feet by Lot 2, as shown on said plan. (33) A certain parcel of land in North Andover with the running in a westerly direction in an are 90.16 feet to of Massachusetts Avenue and bounded as follows: Be- (20) A certain parcel of land in North Andover, together buildings thereon, presently known as Young's Club and a Point; thence running southwesterly along said Greene ginning on said road at the southeasterly corner of said with the buildings thereon, presently known as Lund's the Dairy Queen bounded and described as follows: Street 280.83 feet to a town bound; thence turning lot and land of John Carey; thence northeasterly by Garden Center, bounded and described as follows: Beginning at a point at the westerly intersection of and running in an irregular southwesterly direction follow said Carey's land 150 feet to a point; thence north- Starting at the Boston & Maine Railroad right of way Park Street and Chickering Road; thence running - ing along the Shawsheen River to an iron pipe; thence westerly by land formerly of J. L. Webster by a straight on Chickering Road and running 300 feet in a north- southwesterly 180 feet along Chickering Road to a turning and running southeasterly along land now line to and through a maple tree standing near the edge easterly direction to the land of Alice B. Colgate; thence point in Main Street; thence turning and running north- or formerly of Ivar L. SiOstrom, Jr., 276-18 feet to an iron of the Shawsheen River to said river; thence up said northwesterly along the land of Alice B. Colgate a westerly 250 feet to the intersection of Park and Main pipe; thence turning and running northeasterly river bounding by said river to a line drawn from a distance of 250 feet; thence southerly a distance of 400 Streets; thence turning and running easterly 220 feet 135.42 feet to an iron pipe; thence continuing to run in a north point in the northeasterly line of said road to said river, feet to the Boston & Maine Railroad right of way; along Park Street to the point of beginning. - easterly direction 134.88 feet to an iron Pipe; thence which line is parallel with an 150 feet distant north- thence 236 feet along the Boston & Maine Railroad (34) A certain parcel of land located on High Street, North continuing to run in a northeasterly direction 208.65 westerly from the northwesterly line of said Carey's right of way to the point of beginning. Andover numbered Lot 44 on Assessors Plot "52, and feet to an iron pipe on the southwesterly side of Greene land and bound first mentioned; thence southwesterly (21) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Mann's Street the point of beginning. by said parallel line on other land formerly of J. L. with the buildings thereon, presently known as Bill's Variety bounded and described as follows: Beginning 3.84 On the northeasterly side of Turnpike Street, northwest of Webster to said road; thence southeasterly by said Auto Service, bounded and described as follows: Bounded at a point on the southwesterly side of High Street Hillside Road, a tract of land bounded as follows: road 150 feet to the point of beginning. easterly by Chickering Road, 250 feet; southerly by in the northeasterly corner of the premises in ques- Beginning at a point in the easterly line of the Salem The above three parcels are all included in one tract. Park Street, 150 feet; westerly by lots #13-43 and 44; tion; thence running southeasterly 100 feet to a point; Turnpike, said point being 138 feet northerly from Hill - (9) Land in North Andover, together with the buildings thence northerly by Franklin Street, 225 feet. thence turning and running southwesterly 70.7 feet to a side Road; thence northerly by the easterly line of thereon, presently known as Bulger's Animal Hospital, (22) A certain parcel of land in North Andover, together point; thence turning and running northwesterly 100 Salem Turnpike 719 feet to a Point; thence northeast bounded and described as follows: Beginning at. a point with the buildings thereon, presently known as Lake- feet to a point; thence turning and running northeast- - erly by a stone wall, 34.05 feet to a point; thence east - on the southeasterly side of Chickering Road in the side filling station, bounded and described as follows: erly 69.59 feet to the point of beginning. erly, by the stone wall, 680.42 feet to a point; thence northwest corner of the premises in question; thence Bounded northerly 180 feet by Osgood Street; north- (35) A certain parcel of land in North Andover with the southwesterly, 565 feet to a point; thence southeasterly running southeasterly 125 feet to a point; thence turn- easterly 70 feet by Great Pond Road; easterly 125 feet buildings located thereon, presently known as Hilton's 200 feet to a point in the northerly line of Hillside Road; in and running southwesterly, 200 feet to a point; by other land of mine; southerly 185 feet by other Variety, bounded and described as follows: Beginning thence southwesterly, by the northerly line of Hillside tNence turning and running northwesterly 125 feet to a land of mine; and westerly, 125 feet by other land of at an iron pipe on the northerly side of Middlesex Street Road, 100 feet to a point which is 110.7 feet from the point on the southeasterly side of Chickering Road; mine. in the southeasterly corner of the premises in question; Salem Turnpike; thence northwesterly 91.3 feet to a thence turning and running northeasterly 200 feet along (23) A certain parcel of land in North Andover, together thence running northerly 100 feet to an iron pipe; the.nce point; thence southwesterly 100 feet to the point of the southeasterly side of Chickering Road to the point with the buildings thereon, bounded and described as turning and running esterly 50 feet to an iron pipe; beginning. of beginning. (10) A parcel of land in North An ' dover with buildings there- follows: First Parcel: Being the land situated in North Andover, and bounded northerly 30 feet by land now thence turning and running southerly 100 feet to an iron pipe in the northerly side of Middlesex Street; "SECTION 4: BUILDINGS AND USES PERMITTED, on. presently including Hollins Service Station and the of Gaumond southeasterly 40 feet more or less by thence turning and running easterly 50 feet along the AND APPLICATION OF REGULATIONS Middlesex Market located on Middlesex Street, Massa- Chickering Road; and westerly 40 feet more or less, northerly side of Middlesex Street to an iron pipe, the 4.01 In the zoning districts above specified and described, the fol- chusetts Avenue and Perry Street, bounded and by land now of Melamed, being triangular in shape, point of beginning. lowing designated buildings and alterations and extensions thereof and buildings accessory thereto and the following des- ignated uses of land, buildings, or parts thereof and use ac- cessory thereto are permitted. All other buildings and uses are hereby expressly prohibited, except those already lawfully existing which by the operation of this provision would hereby become lawfully non -conforming. 4.02 When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. 4.03 When a zoning district boundary divides a lot in one owner- ship, all the zoning regulations set forth in this zoning bylaw applying to the greater part by area of such lot so divided may also be deemed to apply and govern at and beyond such zoning district boundary but only to an extent not more than thirty (30) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. 4.04 Any lawfully non -conforming building or structure and any lawfully non -conforming use of building or land may be con- tinued in the same kind and manner and to the same extent as at the time it became lawfully non -conforming, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted otherwise by the North Andover Board of Appeals. 4.05 If any lawfully non -conforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conform- ing with the North Andover Zoning Bylaw in the district in which it is located, it shall hereafter continue to conform. 4.06 Any non -conforming building or structure destroyed or dam- aged by fire, flood, lightning, wind or otherwise to the extent of sixty-five (65%) per cent or more of its reproductions cost at the time of such damage shall not be rebuilt, repaired, re- constructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted otherwise by the Board of Appeals acting under G.L. Ch. 40A, as amended. 4.1 IN RESIDENT DISTRICTS. 4.11 Single, duplex or two-family residences and gardens, including the right to convert any one -family dwelling structure to ac- commodate not more than two families provided that: (a) The lot area per structure so converted shall be not less than fifteen thousand (15,000) square feet, and the street frontage width of such lot shall be not less than one hundred (100) feet; (b) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor area per dwelling unit after conversion, and that the appearance and character of a one -family dwelling shall be preserved; (c) No major exterior structural changes shall be made except such as may be required for safety by the North Andover building by laws or by Massachusetts General' Laws, and that the whole cost of such alterations shall not exceed fifty (50%) per cent of the reproduction cost of such dwelling in its condition existing immedi- ately prior to such conversion; and, (d) Stairways leading to the second or any higher floor shall be enclosed within the exterior walls of the building. 4.12 Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 4.13 Renting a room or rooms in a dwelling for the office of one professional person, provided there be no display or advertis- ing on such dwelling or its lot other than a professional name plate, or sign not to exceed six (6) inches by twenty-four (24) inches in size. . 4.14 Customary home occupations, provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and provided that in any dwelling, such customary home occupa- tions shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. 4.15 Schools, libraries, museums, churches, hospitals and con- valescent and rest homes, local passenger stations, also radio, radar, television or radio -telephone transmitting or broadcasting towers but not their studios nor offices, and not veterinary or animal hospitals except as further provided else- where in this bylaw. 4.16 Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. 4.17 (a) Farming of field crops, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as provided below, stud farms, poultry batteries, fur ranches and dairy farms; (b) The keeping on any lot in any residence district of a total of not more than three (3) of any kind or assort- ment of animals or birds in addition to the household Pets of the family living on such lot, but not the keep- ing of any animals or birds or pets of persons other than those resident on such lot, except as further pro- vided below; (c) On any lot of not less than three (3) acres area and situated in a not thickly settled part of a Country Resi- dence, a Rural Residence or an Industrial District, but only on such lots in such parts of such districts, vet- erinarians and others may keep more than three (3) animals or birds not necessarily owned by the persons resident on such lot, provided that on such lots there be no slaughtering, packing or processing of meat, entrails, organs, skins, hides, pelts, fur, feathers or bones, and provided that animal hospitals, kennels, poultry batteries, dairy barns, riding stables and animal auction lots are specifically prohibited in all Village Residence Districts and in all thickly settled parts of Country Residence or of Rural Residence Districts, 4.18 Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. 4.19 On any lot in any Residence District, garaging or off-street parking, covered or open, of not more than four motor vehicles, of which not more than two may be commercial vehicles, but not counting farm trucks nor motor -powered agricultural implements of an agriculturally active farm or orchard on which such vehicles are parked. 4.2 IN NEIGHBORIiOOD BUSINESS DISTRICTS 4.21 Stores not exceeding fifteen hundred (1500) square feet floor area per store for the retail sale of food, drugs and other articles or commodities for use and consumption in neighbor- ing households, but not for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighborhood Business District shall be more than three (3) acres total land area, including offstreet automobile parking spaces. In addition there may be permitted in a Neighborhood Business District an automobile lubricating and gasoline filling station but only on petition, subject to site plan review and approval b th Board e Y of Appeals, after public hearing thereon with due notice given, Automobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts, 4.22 No loading platforms or receiving doors shall be located on the street side of any retail store or other commericial building in a Neighborhood Business District. 4.23 Dwellings, subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwell- ings were located in a Village Residence District, also churches, schools, libraries, museums, local passenger stations and mu- nicipal or other public or civic buildings. 4.3 IN GENERAL BUSINESS DISTRICTS 4.31 Retail and wholesale stores, salesrooms, showrooms or places for any professional, artistic or mercantile activity not in- volving large-scale manufacturing on the premises, except that retail bakeries or retail confectioneries in which not more than five persons are engaged in the manufacture and sale on the premises of the bakery or confectionery goods there produced, including ice cream, shall be permitted. 4.32 Banks, offices and municipal, civic or public service buildings such as post office, telephone exchange, town offices, school, library, museum, church, local passenger station. 4.33 Hall, club, theatre or other place of amusement or assembly. 4.34 Automobile service and filling stations, automobile repair garages including automobile body repairs and painting, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five, (25) automobiles or other vehicles. 4.35 Restaurant, dining room or lunch room. 4.36 Dwellings subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwellings were located in a Village Residence zoning district. 4.4 IN INDUSTRIAL DISTRICTS 4.41 Any manufacturing, processing, wholesaling, warehousing or other commercial non -retail activity employing substantially noiseless and inoffensive motive power, and involving quiet machinery and processes, and free from neighborhood disturb- ing odors or agencies, and uses of land and of buildings cus- tomarily accessory to such activity including the busi- ness office of such activity, provided that the appli- cant for a permit to build, expand or alter any manufacturing industry or other permitted activity or, any activity accessory thereto shall show by written statements or other exhibits attached to the application for such permit that the activity proposed will not be noxious, offensive or detrimental to the neighborhood or to the Town by reason of special danger of fire or -explosion, pollution of water ways, emission of corro- sive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or other objectionable characteristics. 4.42 Farming and accessory dairy activities as specified in para- graphs 4.17, 4.18 and 4.19; also farm dwellings on premises actively farmed; and poultry slaughtering, packing and pro- cessing but no other meat or animal slaughtering or packing. 4.43 Premises of a bank, post office, telephone exchange or tele- phone business office, local bus passenger station, airport. 4.44 On petition, subject to site plan review and approval by the Board of Appeals after a public hearing thereon with due notice given, an automobile service and filling station, a motel, a diner, a restaurant, a retail food store, but not other retail stores of any kind. 4.45 Expressly prohibited in inchustrial districts are automobile junk yards, automobile outdoor dead storage yards and auto- mobile outdoor display yards. 4.5 MOTELS Motels shall be permitted in any zoning district but only in accordance with the standards set forth below and only after a public hearing by the Planning Board with due notice given on application for a motel building perinit or for a building permit for a motel expansion or alteration costing more than $500 and only after site plan review and approval by the Plan- ning Board endorsed in writing on the site plan with or with- out any conditions. 4.51 If application for a permit to build a motel or to alter or add to a motel at a cost of $500 or more shall be in writing and shall include a diagram and a statement of the ownership, area, dimensions, boundaries and principal elevations of the land for which such permit is sought, the names of all ad- joining owners as found in the most recent tax list, the loca- tions of existing public or private ways nearest such land, and a plan, profile and cross-sections of all driveways and parking areas proposed, also the true location and ground coverage outline and dimensions of every building or structures proposed to be erected thereon. One copy of each such application and plot plan diagram and statement shall be kept on file in the office of the Building Inspector. 4.52 One copy of each such application and diagram and statement above required shall be filed with the Planning Board with a letter requesting the Board to review the site plan attached and to hold a public hearing therein. Notice of such public hearing shall be given by the Planning Board by publication at the expense of the applicant in a newspaper of general circulation in North Andover and the first appearance of such published notice shall be twelve days (12) at least before the date set for such hearing. 4.53 A permit to build a motel or to alter or add to a motel at a cost of $500.00 or more shall not be issued by the Building Inspector until he has received from the Planning Board a written statement of final approval by the PIanning Board of the site plan for such motel or addition or alteration, and such statement by the Planning Board shall include a recital' of the date on which the Planning Board held the public hear - above required, and a recital of the findings of the Planning Board after such hearing, including any conditions imposed by the Planning Board as part of its final approval, and the Building Inspector shall enforce the fulfillment of such condi- tions. 4.54 In reviewing each such aplication, the Planning Board shall study the motel site plan proposed relative to the health, safety and welfare of the prospective occupants, also the oc- cupants of neighboring properties, and users of the adjoining highway, and the welfare of the town generally, including amenity and pleasantness of site plans. In addition to com- pliance with all of the Land Space and Building Space Require- ments set forth below, the Board shall look for: (a) Traffic safety and ease of access at street and highway entrances and exits of motel driveways, taking account of grades, sight distances and distance between such driveway entrances or exits and the nearest existing street or highway intersections. (b) Safety and adequacy of motel driveway layout, also of parking and loading areas for motel patrons, and sufficiency of access for service vehicles such as elec- tricity, gas, fuel, telephone, laundry, rubbish removal, water, sewer, fire, police, ambulance or other routine or emergency vehicles. (c) Safe and adequate means of sewage, of garbage, and rubbish disposal; of water -supply and fire -fighting while awaiting the Fire Dept.; of heating and ventilating; also of cooking if cooking facilities be furnished. (d) Assurance of positive storm -water drainage and snow - melt run-off from all driveways and parking and load- ing areas. Landscaping and building layout such as shall protect proposed motel bedroom windows from constant night invasion by automobile headlight beams or glare from illuminated signs or driveway lights. (e) Sound -proofing between sleeping rooms; windows not looking directly from room to room; and lobby or office space for registration, room keys, and safe -keeping of valuables; also lounge for waiting or writing by patrons. 4.55 Motel lot size, land coverage, yard space and building design regulations: (a) The lot for any motel shall contain not less than three (3) acres total land area excluding any water bodies of one-half ('/2) acre water service area or more, provided such lot be not less than three hundred (300) feet wide at the frontage street and throughout the first two hundred (200) feet of depth of such lot, measuring from the frontage street lot line. (b) No part of any building on a motel lot shall be closer than fifty (50) feet to the front lot line, rear lot line or either side line of such lot. A green yard space not less than twenty (20) feet wide, measured at a right angle to each of aforesaid lot lines, shall be maintained open and green with grass, bushes, flowers and trees all along each side lot line or rear lot line of such a lot, and (except for entrance and exit driveways) along the entire front line of such lot, and such yard space shall not be built on nor paved nor used for automobile parking. (c) There shall be one (bituminous) concrete off-street and offmain driveway paved automobile parking space, open or roofed, directly adjoining each motel rental unit. (d) Building on a motel lot shall not cover more than twenty-five (2561) per cent of the land area of such lot, excluding any water bodies as above specified. Not less than seventy-five (75%) per cent of the land area of such a lot shall remain open and un -built on but such open space may be used for automobile off-street parking, driveways, sidewalks and motel service yards, except that such use shall not be permitted in any part of the twenty (20) foot wide green perimeter strip above specified. (e) There shall not be erected more than twenty (20) motel rental units per acre of motel lot land area, excluding any water bodies as above specified. (f) Each motel rental unit shall be not less than two hun- dred fifty (250) square feet habitable floor area en- closed by walls and roof, exchisive of any adjoining portions of roofed or covered walkways. Each motel ren- tal sleeping room shall not be less than fifteen (15) by fifteen (15) feet horizontial dimensions, exclusive of bath or kitchenette. Each such room shall have a pri- vate bath attached. (g) Each motel structure shall contain not less than six (6) nor more than twelve (12) individual motel rental units, unless each section of twelve (12) such units be separ- ated byan unbroken firewall from any fir h r addi- tional such units. Each motel structure shall be of fire- proof construction. Each such structure may he con- nected with other similar structures by a covered walk- way if of fire resistive materials. Whether or not so connected, the nearest parts of the walls or corners of such structures shall be separated by a land space otherwise open and unbuilt on of not less than thirty (30) feet, and in which, within the area bounded by the intersecting projections of the side lines of adiacent buildings, there shall be no automobile parking or loading. (h) Buildings on motel lots shall be one-story and not more than twenty-five (25) feet in height, notwithstanding any building -height provisions in the zoning district in which such buildings are situated, except that not more than two apartments for owner or resident manager or other resident staff may be on a second -story not to exceed thirty-five (35) feet in height. (i) On each motel lot there shall be provided at least one apartment for a resident owner or manager or other responsible staff person. Each suwh apartment shall be not Iess than eight hundred (800) square feet floor area. Such apartment many include the rental office of the motel, and a lounge or other public rooms for the use of motel patrons. Such apartment may be on a second floor as provided in (h) above but only if over a lounge or office or other public rooms or storage or supply rooms of the motel. No second story premises shall be located over any motel rental unit. 4.6 Outdoor Lighting In all zoning districts other than General Business Districts, any outdoor lighting fixture whether temporary or permanent shall be so placed or hooded that the light source therein is not directly visible to any motorist and so that the light source therein is not directly visible to any point beyond the lot lines of the premises illuminated by such outdoor lighting fixture. SECTION 5: EARTH MATERIALS REMOVAL 5.1 The removal of sod, loam, soil, clay, sand, gravel, or stone from any land in the Town of North Andover not in public use is hereby prohibited except such removal as may be authorized in any zoning district by a permit issued by the Board of Ap- peals and except such removal as is permitted by paragraphs 5.3 and 5.4 of this section. No such permit shall be issued ex -I sept upon written application therefore to the Board of Appeals with copy to the Planning Board and after a public hearing on such application by the Board of Appeals. Such application' shall include a diagram to scale of the land concerned, indicat- ing existing and proposed elevations in the area to be excavated and stating the ownership and boundaries of the land for which such permit is sought, the names of all adjoining owners as found in the most recent tax list and the approximate loca- tions of existing public and private ways nearest such land. Notice of said private hearing shall be given by publication in a newspaper published in or of general circulation in North Andover twelve (12) days at least before the date of such hearing. 5.2 A copy of any permit granted hereunder by the Board of Ap- peals, stating all of the conditions imposed, if any, including but not limited to limitation of such removal in: (a) extent of time, (b) area and depth of excavation, (e) steepness of slopes excavated, (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent drainage, (f) the posting of security or bond, (g) the replacement of not less than six (6) inches of top- soil over the whole of any area from which earth mate- rials are removed where the location of such removal is afterward to become a residential subdivision, or, (h) in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four (4) inches of top -soil; or a copy of the denial by the Board of Appeals of any applica- tion for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, in- cluding also the Planning Board and the Building Inspector. ' 5.3 This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone as may be required to be excavated for the purposes of constructing foundations for building or other allowable structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades ap- proved by the Planning Board or by the Board of Appeals or for the purpose of constructing utilities or other engineering works for public service. Nor shall this regulation be deemed to prohibit the transferral of sod, loam, soil, clay, sand, gravel, or stone from one part of a lot, tract or parcel of land to an- other part of the same lot, tract or parcel of land in the same ownership. 5.4 This regulation shall further be deemed not to prohibit the removal of the above specified earth materials by any per- son, firm or corporation who on the effective date of this regu- lation shall be lawfully engaged in the business of dealing in or with any of such materials, or shall be a party to an agree- ment for the removal of any thereof, and who shall, within thirty (30) days after such effective date, apply to the Board of Appeals for a permit for such removal, provided that the period within which such removal may be carried on under this paragraph shall end on the date of formal action by the Board on such application or, if no such application be filed, on the thirtieth (30) day after the effective date of this regulation. SECTION 6: LOT AREAS AND LOT WIDTHS REQUIRED AND SPECIFIC EXCEPTIONS 6.1 In determining the fulfilhnent of the minimum area and mini- mum width of lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five (75) feet in length connecting other lines bound- ing such lot which if extended would intersect, the area and width required in such lot shall be computed as if such po- tentially intersecting lines were so extended; but if a curved line more than seventy-five (75) feet in length is the whole of. any one boundary line of a lot, the minimum area and mini- mum width required shall be determined entirely within the lines bounding such lot, including such curved line. 6.2 No lot, upon which is then located any building or with re- spect to which a permit has been issued and is then outstanding for the erection of any building, shall be sub -divided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, lot width and yard space requirements of this Bylaw except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or other- wise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public pur- pose for which the land could have been or was taken by emi- nent domain shall not be deemed to be transferred in violation of the provisions hereof. 6.3 IN RESIDENCE DISTRICTS 6.31 In Village Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifteen thousand (15,000) square feet area and not less than one hundred (100) feet width at the street frontage, ex- cept as may be permitted otherwise by the Board of Appeals in Village Residence Districts as further specified in Section 6.6 below. 6.32 In Country Residence Districts no principal permitted build- ing shall hereafter be erected except on a lot containing not less than twenty-five thousand (25,000) square feet area and not less than one hundred twenty-five (125) feet width at the street frontage. 6.33 In Rural Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifty thousand (50,000) square feet area and not less than one hundred fifty (150) feet width at the street frontage. 6.4 IN GENERAL BUSINESS DISTRICTS AND IN NEIGHBORING BUSINESS DISTRICTS 6.41 Each lot shall contain not less than twenty-five thousand (25,000) square feet area and be not less than one hundred twenty-five (125) feet width at the street frontage, and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.42 Any yard space or area required to be kept open and unbuilt upon on such lot may nevertheless be used for off-street auto- mobile parking, if otherwise lawful, except that a green strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open and green; unbuilt on, unpaved and not parked on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. 6.5 IN INDUSTRIAL DISTRICTS 6.51 Each lot shall contain not less than fifty thousand (50,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.52 Any yard space or area required to be kept open and unbuilt on on such lot may nevertheless, if otherwise lawful, be used for off-street automobile parking, or for outdoor storage of articles, supplies and materials, except that a green strip not less than thirty (30) feet wide on which to grow grass, bushes, flowers or trees, shall be maintained open and green, unbuilt oil, unpaved and not parked on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. 66 LOT AREA AND LOT WIDTH EXCEPTIONS 6.61 The lot area and lot width requirements of paragraph 6.3 shall not apply in any Residence Districts to any lot therein con- taining less area or having less width than above required if such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of the same owner vacant and available for combination with or use in connection with such lot, provided that the front yard, side yard, and rear yard requirements, if any, in effect on the date of recording of such plan or deed shall apply to each such lot. 6.62 In Village Residence Districts only, as to older lots of record of area or width less than the above stated requirements, and only as to such lots if mutually adjoining, vacant, and of the same owner, the Board of Appeals may permit recombination of them into new lots of not less than ten thousand (10,000) square feet area each, or otherwise as may be authorized under G. L. Ch. 40A as amended. 6.63 Notwithstanding any other provision of law, no amendment to this zoning bylaw shall apply to or affect the size, shape, width or frontage of any lot shown on a plan of a subdivision as defined in Section 81-L in Chapter 41 of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter 41 prior to such zoning bylaw amendment, for a period of two years from the date of final subdivison approval by the Plan- ning Board of such plan or until any such lot is divided, which- ever occurs first, without the consent in writing of the owner of such lot, and this provision shall apply only to subdivision plans approved and recorded on or after the effective date of this sub -paragraph. SECTION 7: YARD SPACES REQUIRED 7.1 In all Residence Districts there shall be provided on each lot open yard spaces of not less than the number of feet depth below stated all along the front, rear and each side property line of such lot, except as may be permitted otherwise by the Board of Appeals in Village Residence Districts only and only in cases therein where the literal enforcement of the number of feet yard depth stated below as to one or more of such yard spaces would cause unusual hardship or severe practical difficulty peculiar to the placement of a building on such lot but not on other lots adjoining or nearby within the same Village Residence Zoning District. 7.2 No building or structure shall hereafter be erected, altered or moved so that any part thereof (except eaves, steps or un- covered porches) shall be nearer than the number of feet be- low stated from the front, side or rear line of any lot in any Residence District. 7.21 Rural Residence, 30 feet. 7.22 Country Residence, 30 feet. 7.23 Village Residence, 15 feet, except that the front yard on any lot in a Village Residence District shall be either: (a) not less than thirty (30) feet depth, or; (b) a depth not less than the average of the front yard depths of lots adjoining or within two hundred fifty (250) feet each side of the lot in question, if the exist- ing buildings on such lots front on the same street and are within the same Village Residence zoning district as the lot in question; (c) provided also that where such existing buildings are already more than thirty (30) feet distant from said street line, no part of any new building shall be nearer said line than the average of the front yard depth of such existing buildings on lots adjoining or within two hundred fifty (250) feet each side of the lot in question. 7.3 In Neighborhood Business and in General Business Districts there shall be provided on each lot an open yard space of not less than twenty-five (25) feet depth all along the front and along each side property line of such lot except as may be per- mitted otherwise (but only as to front yards and side yards) by the Board of Appeals on petition of the property owner concerned after a public hearing thereon with due notice given. In the rear of every building or structure hereafter erected in any Business District there shall be an open yard space unbuilt upon of not less than thirty-five (35) feet depth. No Building or structure shall hereafter be built, altered, moved, recon- structed, or extended so that any part thereof including load- ing platforms, covered or open, but not eaves, or steps, shall be nearer than twenty-five (25) feet from the front line or side line of any lot in such district, nor nearer than thirty-five (35) feet from the rear line of such lot. 7.4 In Industrial Districts there shall be provided on each lot an open yard space of not less than thirty-five (35) feet depth all along the front line and along each side line of such lot, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residentially zoned, and except that any masonry industrial building built prior to June 1, 1956 and standing and in active industrial use on June 1, 1956 may be restored, repaired or rebuilt on the location where it stood June 1, 1956 without complying with the foregoing yard space requirements but this exception shall not apply to any other buildings. SECTION 8: BUILDING HEIGHTS PERMITTED 3.1 In Residence Districts dwellings shall not exceed two and one- half stories or thirty-five (35) feet in height. 3.2 In Neighborhood Business Districts dwellings and business structures shall not exceed two and one-half stories or thirty- five (35) feet in height. 3.3 In General Business Districts dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height. 3.4 In Industrial Districts buildings shall not exceed fifty-five (55) feet in height. 3.5 The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than (10) acres area, nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spires of churches or other buildings, provided all such features are in no way used for living pur- poses, and further provided that no such structural feature of any non -manufacturing building shall exceed a height of sixty- five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by per- mission of the Board of Appeals acting under G. L. Ch. 40A as amended. SECTION 9: BOARD OF APPEALS, ITS POWERS AND DUTIES ).1 There shall be a Board of Appeals of five members which shall have and exercise all the powers provided under G.L. Chapter 40A as amended, and which shall hear and decide all matters specifically referred to the Board of Appeals by the North Andover 'Zoning Bylaw and other matters referred to such Board by statute. On each appeal arising under the North Andover Zoning Bylaw, the Board of Appeals shall hold a public hearing of which notice shall be given by publication in a newspaper of general circulation in North Andover twelve (12) days at least before the date of such hearing. The Board shall also notify by registered mail all owners of property with- in three hundred (300) feet of the boundaries of each lot or lots involved. Such notices shall be mailed to such owners at the addresses appearing for them in the most recent town tax listing of said owners. SECTION 10: ZONING AMENDMENTS ).1 The Planning Board, on its own initiative, or on petition signed by not less than fifty (50) registered voters of North Andover, shall hold a public hearing on any written proposal to amend the Zoning Bylaw or the zoning map and shall report its recom- mendations thereon, if any, to a North Andover Town meeting. ).2 Each proposal to change the zoning map shall be made in writ- ing and shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by: (a) Three blackline prints of a diagram to scale showing and stating clearly the dimensions in feet of the land area proposed to be changed as to zone, (b) also a sketch or other explicit identification of the loca- tion of such land in relation to the majority of the rest of the Town. ).3 Notice of the aforesaid public hearing on a zoning amendment shall be given by publication in a newspaper published in or of general circulation in North Andover twelve (12) days at least before date of such hearing and by mailing copies of such notice as published to such parties as the Planning Board may deem interested, at the addresses for such parties as they ap- pear in the most recent North Andover real estate tax records. SECTION 11: ENFORCEMENT L1 The North Andover 'Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation, after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be designated therein by the Building Inspector. Such notice and demand may be given by mail, addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. 1.2 If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this Bylaw. L.3 No building shall be erected, altered or moved in North Ando- ver without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector, and he shall not approve an application for a building permit unless the plans for such building and the in- tended use thereof in all respects fulfill the provisions of this Bylaw. L.4 Each application for a permit to build, alter, or move a building shall be accompanied by a plot plan in duplicate drawn to scale showing and stating the dimensions in feet of the lot on which such building is proposed to be erected, altered or moved, also the location and ground coverage dimensions of any building already existing upon such lot, and the location thereon and ground coverage dimensions on such lot of any building or structure proposed to be erected or moved onto it. Such plot plan shall also show each street, alley or right-of- way on or adjacent to the lot in question. One copy of each such application and plot plan shall be kept on file in the office of the Building Inspector. SECTION 12: CONFLICT OF LAWS VALIDITY, SEVERABILITY 2.1 In general this Bylaw is supplementary to other North Ando- ver Bylaws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this Bylaw imposes a greater restriction upon the use, height, area and location of buildings and structures and the use of premises than is imposed by other Bylaws, the provisions of this Bylaw shall control. 2.2 The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof. THE NORTH ANDOVER PLANNING BOARD NICHOLAS F. NICETTA, Chairman JOHN B. OSGOOD, Secretary RALPH E. FINCK, Esq. HOWARD L. GILMAN JAMES M. BANNAN I __ _. 1. .. ._* I 11 . 's I I _! 0 __ I . I 111i � I 0 1W ki I . I _1 - �Ill��ll, 11� A I i I L rA 0 1`4ilm f ZONING RURAL. RLS. \. t COUNTRY VILLAGE V�V%W��� (� P DISTRICTS is rvEiGugoRu000 BU51NE55 G ENPZRALt. 5U 51 NESS INDUSTRIAL /. �r: ' 4 n� e �f � � R : � i' � �`� � r /, ren r`, ' .. r 1 ••' ' - ' +��W !-1'• r mss!'. : r't F?a�♦ r: E'i �Ji:. ri ri' (� {� kr �� n Nor•1h Andover Planning Board c� Nicholas F. Nicetta,Chairman, 1956 John B.OzQood Ralph E. 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'a •• / Ak Northwesterly by a short portion of Merrimack Street described as follows: Beginning at a point at the jun.c- tion of Perry Street and Massachusetts Avenue � and center line; r Street center line between running southwesterly on Massachusetts Avenue 200 Southwesterly by Wate JUNE 1956 Merrimack Street and Main Street and by a. short feet, more or less, to the junction of Middlesex Street, ZONING MAP' portion of Main Street center line near Second Street; thence southeasterly 83 feet; thence northeasterly 95 Southeasterly by a line parallel to and 100 feet south- feet to a point; thence northwesterly 75 feet more or NOPT H ANDOVEP easterly from Second Street center lines; less, to a point; thence northeasterly 65 feet to Perry Southwesterly and westerly by a line parallel to and Street; thence northwesterly 145 feet to the point of enter line beginning. 224 feet southwesterly from Main Street c land in North Andover with buildings there - ZONING DI STR I CT5 between Second Street and May Street; (11) A parcel of D. Glennie, Northerly by a portion of May Street center line; on, now or formerly the property of C. C- C 0. X or bounded and described as follows R URAL- R P -S. NPIGPBOPPOOD BU5iNP in Street center line be Westerly by a portion of Ma Street and the former Salem Railroad e4j . - -, "I ", ^ C, �, � C, Starting at Shawsheen River along Beechwood Street 7 tween May Ce C', r : -) , , t , ^: heasterly to Beechwood Street; thence , i , C. 1. " - . � .: A e (7 location. 150 feet nort GENrc-RAL ES U S I N P_5 5 e., , ,*,-<_(`,,('1 . 1-1 easterly 300 feet to a point; thence northeasterly 335 COUNTRY RZ5. c k7 e, . n 3.72 In the northerly sector of the intersection of Turnpike Street feet to a point east by northeast 115 to a point, thence and Andover Street, a tract of land bounded: r 1) 1 C 0 A , , (, � southwesterly 85 feet to a point; thence easterly 115 C VILLAGE RG5. iNDUZTRW, . I . . I .. I Northeasterly by a stone wall marking the property (% C, feet to a point, thence southwesterly 640 feet to a '7 C, line of Town of North Andover; point; thence to the Shawsheen River following the Southeasterly by Andover Street center line; Town Line of North Andover 790 feet more or less to r Southwesterly by Turnpike Street center line; ith buildings A the starting point at Beechwood and Shawsheen River. Northwesterly by Peters Street center line. (12) A parcel of land in North Andover w r �O 3.73 West of Chickering Road near its intersection with Massa thereon, presently the Glennie's Milk Plant, bounded C r chusetts Avenue, a tract of land bounded: a Beginning at a point on the nd described as follows: sachusetts Avenue in the r Northerly by a stone wall trending approximately due of Mas A northeasterly side premises in question thence east -west between the former location of Wood Lane southeasterly corner of the 7 r r� and the intersection of Chickering Road and Massa c r-� running northwesterly 290 feet along Massachusetts chusetts Avenue: (% es Avenue to a point; thence turning and running north Southeasterly by Chickering Road; easterly 200 feet to a point; thence turning and running Southerly by a line parallel to and 885 feet southerly -:*** ......... southeasterly 268.8 feet to a point on the westerly side .......... C. from the northerly bounding stone wall aforesaid; .......... rthwesterly side 3.74 The Planning Board recommends that the following businesses I southerly 28.8 feet to a point on the no f Marblehead Street; thence turning and running A :r r . .......... In addi- ick already in existence be zoned as General Business. of Williams Street; thence turning and running south *-*-'-::::-.:::1*:1 .. ....... ............ Lat. k coc.�, tion, the Board will recommend that other businesses, likewise westerly 180.5 feet to the point of beginning. le, A in existence, be so zoned if and when proper descriptions by A parcel of land in North Andover, together with the (13) A cer- age Store, bounded and described as follows: .......... metes and bounds of such properties now used for general busl- buildings thereon, presently known as McAloon's Pack- ness can be obtained. . .. .......... 77 .. .... e and at the junction of Pleasant Street ............ (1) The land in North Andover with the buildings thereon, tain parcel of I . ... .......... ....... ... ... and Franklin Street, beginning at an intersection at .......... ......... presently known as Thompson's Restaurant, bounded the southerly line of Pleasant Street with northerly ............. and described as follows: ............ ....... Beginning at a stone bound on the Salem Turnpike, so- line of Franklin Street; thence running southwesterly 77.95 feet by the northerly line of Franklin Street to 44'-55" west two called, and then running northerly 35' hundred and eighty feet to a point, thence; in an East- beginning curve of said street line; thence southwesterly -five and 53/100 still by said northerly line of Franklin Street by a curve > -U erly direction two hundred and ninety of 72.22 feet radius to end of said curve; thence westerly feet by land now or formerly of Ethel M. Freeman to still b northerly line of Franklin Street 59 feet more Andover Street, so-called, thence; Northerly 20-27'-05" y ...... ;;; cast one hundred and eighty-seven and 50/100 feet or less to easterly I ine of Chickering Road; thence nortMrly by easterly line of Chickering Road about 52 r to a stone bound on Andover Street, thence; in an arc .......... ........... feet to remaining part of Lot 59; thence northeasterly -four and 99/100 feet to the bound first men ------- .............. less to southerly line of seventy tioned, being the point of beginning, containing 35,567.4 by said Lot 59, 39 feet more or ........... Pleasant Street; thence by said southerly line of Pleas- ... .... square feet. esterly 120 feet to point of beginning .... . . ... ... ant Street W (2) The land in North Andover, with the buildings thereon, (14) A parcel of land in North Andover, together with the e, located on as Campbell's . .. .... presently known as Charles Steak Hous Street, bounded and buildings thereon, presently known of the westerly side of Osgood nd described as follows: Beginning described as follows: Northerly 200 feet by the south- it a point on the westerly side of Waverly Road 14 (7 erly side of Sutton Street; easterly by the westerly side feet northerly from the northerly line of Union Street; Osg000d Street 330 feet; southerly 200 feet by by said Waverly Road of said inq Boo CL thence running northeasterly Nor+V,% Andover Plann' other land of the said Effie C. Kostandin; and westerly 86 feet to land once of Michael J. Dooley; thence turning 330 feet by land now of the City of Lawrence. v N ir holas F. N;cefta,Chairman, 1916 (% at a right angle and running northwesterly by said land in North Andover with the buildings thereon, by land (3) Land once of Michael J. Dooley 63.7 feet to a point John 5. 05lood III House bounded presently known as Little Red Sch now or once of Thomas and John Dooley; thence turn and described ing and running by Thomas R,,I,K r as follows: Beginning at a stone bound said land now or once of in the westerly line of Osgood Street, which stone and John Dooley 107 feet to W o the point Howard Gilmon. averly Road t jaLmes M. 5onnon C- bound is at land now or formerly of Hayes; thence cc of beginning. C., C running westerly by land now or formerly of Hayes -A certain parcel of land in North An - 210 feet to a stone bound; thence turning and running dover, together with the buildings thei northwesterly by land of said Hayes, 125 feet more.or (15) First Parcel iy, bounded and and running known as the K. M. Crawford Compar eon, presently T less, to an iron pipe; thence turning described as follows: North 50 feet by the southerly southerly by land now or formerly of Steinberg, 141 line of Middlesex Street; thence east 100 feet by lot John T blackwell PIcLnner feet to a stone bound; thence turning and running south- No. 42 on said plan; thence south 50 feet by lot No. easterly by land now or formerly of Steinberg 156 and 64 on said plan; thence west 100 feet by lot No. 40 on southeasterly side line of the Town of North Andover 5/10 feet to a stone bound; thence turning and running said plan. s with Railroad right of way between Stevens Street and southwesterly by land now or formerly of Steinberg Second Parcel -A certain parcel of land in North An - the points of intersection of the bottom of the rafter Chickering Road; Bradstreet School lot; 66 feet to a stone bound; thence turning and running dover together with the buildings thereon, owned by TOWN OF the interior faces of the walls are less than three feet above Northwesterly by a portion oi Chickering Road center Northwesterly by a short portion of said Bradstreet southeasterly by land now or formerly of Steinberg 206 Kenneth M. Crawford and Esther R. Crawford bounded t�e floor level. School southeasterly lot line; and 125 feet south- feet to a stone bound at Osgood Street; thence turning and described as follows: Beginning at a point in an 2.10 FRONT YARD. An open space extending across the entire line; hwesterly by a line parallel to and 200 feet north- Southwesterly by a line parallel to and running northerly by the westerly line of Osgood easterly line of Marblehead Street 100 feet northerly w Of Sout of the former Salem westerly from that portion of Saunders Street center head wi ldt ........ 4 th a lot between any building thereon and the street Street about 285 feet to a stone bound at point of be from the intersection of the easterly line of Marble easterly from the location line line that trends in two courses about N 45*, 0' W and lot line of the lot on which such building stands. Railroad right of way between Chickering Road and N 24*, 30' W, between the aforesaid Bradstreet School ginning, containing about 59,000 square feet. Street with the northerly line of Union Street at land now ding across the entire The parcel of land presently known as the Blue Fox, 2.11 REAR YARD. An open space exten Prescott Street; southeasterly lot line and the aforesaid Saunders Street (4) owned now or once by Lillian M. Schmottlach and Alfred width of a lot between the rear of any building thereon and Northerly by Prescott Street center line; in North Andover, on the more or less northerly side G. Schmottlach and thence running northerly 190 feet the rear lot line of the lot on which such building stands. Westerly by line parallel to and 125 feet easterly from northerly sideline trending E 7% 30' N; of Great Pond Road, being shown on PIan of Land owned in across orth Andover bounded: Charles E. Cyr, ore or less, along said easterly line of Marblehead 2.12 SIDE YARD. the side line of a lot 3,53 That small north central portion of N rtion of Sutton by Stefanowicz, North Andover, Mass Street; thence running easterly 287 feet by lot "A" on An open space between Moody Street center line and said line extended )ng to heirs ereon, such open space Chadwick Street from Prescott Street to Sutton Street. Northerly and northwesterly by that po C. E., April 1947, which parcel is bounded and described plan of land designated "Division of land belo and the adjacent side of any building th Street center line between a point 125 feet from Thorn- as follows: of Peter Reeves," R. H. Ellis, Engineer, April 7, 1923, PLANNING BOARD being understood to cover the entire extent between the front 3.5 VILLAGE RESIDENCE DISTRICTS dike Street center line and a line parallel to and 125 Beginning at a stone bound in the northwesterly inter- recorded with Essex North District Registry of Deeds, yard and the rear yard on such a lot. 3.51 That built-up northwesterly portion of North Andover, feet easterly from Moody Street center line, extended section of Osgood Street and Pond Street, and thence Plan number 502; thence running southerly 100 feet by he North Andover SECTION 3: ZONINGDISTRICTS, mainly northerly of Greene Street and of Massachu- to intersect Sutton Street; running northeasterly along said Osgood Street 404 Baldwin Street on plan of land of Davis and Furber Notice is hereby given that t aring in the setts Avenue and mainly westerly of Chickering Road, Southerly by Prescott Street center line; and 11/100 feet to a stone bound in the more or less Machine Company made in 1897; thence running west - Planning Board will hold a public he AND BOUNDARIES more 'particularly bounded and described below, except Southwesterly by a line parallel to and 200 feet north- southerly side of Osgood Street; thence turning and erly 97 feet by lot numbered 5 on said plan of Davis Veterans Memorial Auditorium of the North Andover 3.1 The Town of North Andover is hereby divided into zoning such areas within said Village Residence zoning district easterly from the former Salem Railroad right of way running more or less southeasterly by lots numbered and Furber Machine Company; thence running south- ,, 20, at 7:45 P. M. districts designated as follows: bsequently be declared to be in ol on Wednesday, June boundaries as may su location line between a point near the junction of 61, and 60, as shown on said plan 203 and 36/100 feet erly 90 feet more or less by lot No. 10 on plan of Greene revision of the North Andover RURAL RESIDENCE DISTRICTS any other kind of zoning district. to the westerly side of a proposed street as shown on on the E DISTRICTS North Andover town Prescott, High and Elm Streets and a point near the recorded with Essex South Registry of Deeds - proposed d herewith. Northerly by that portion of the said plan; thence, turrtingland running southwesterly e running Westerly 188 feet Zoning Bylaw and Map as printe VILLAGE RESIDENCE DISTRICTS i hawsheen River southeasterly, end..of Thornolike. Street, and thence by posed street 330 , last leaf; thene ISTRICTS line between the ntersection of -the S a line parallel to and 125 feet southwesterly from the along said westerly side of said pro more or less to the point of beginning; being a certain G BYLAW NEI SS D with the Boston & Maine Railroad location line at the center line of Thornolike Street. and 17/100 feet to Great Pond Road; thence turning portion of the premises conveyed to the said Arthur A. NORTH ANDOVER ZONIN GENERAL BUSINESS DISTRICTS City of Lawrence boundary, and the intersection of OD BUSINESS DISTRICTS. Land within the and running along the more or less northerly side of Reeves and Mildred B. Reeves by deed of Andrew INDUSTRIAL DISTRICTS the North Andover town line with the center line of 366 NEIGHBORHO is hereby declared to be Neighbor- Great Pond Road 347 and 60/100 feet to a stone bound : . 3.2 In the event of any discrepancy between the boundaries of Marblehead Street extended; districts described below in said northerly side of Pond Street; thence turnimo Reeves dated September 16, 1939. Section 1 PukPOses cial map and as here- t center line; hood Business Districts. (16) A certain parcel of land in North Andover, together 2 : Definitions the zoning districts as shown on the off) Easterly by a portion of Marblehead Stree and running northwesterly 44 and 82/100 feet to the with the buildings thereon, presently known as Farn- Section center line between 361 At North Andover Center south of the Common both sides of Section 3: Zoning Districts and Boundaries inafter descried or defined, the descriptions hereinafter set Northerly by Belmont Street stone bound, the point of beginning; containing 2.2 ham's Nursery, being bounded and described as fol - 4 Building and Uses Permitted and forth shall govern, as amended. Marblehead Street and a point on Belmont Street Johnson Street bounded: o and 90 feet north- acres, more or less. lows: Starting at the northwest corner of the premises Section Application ESIDENCE DISTRICTS. Every part of the Town feet easterly along said line from Northeasterly by a line parallel t eline of Johnson (5) The land in North Andover with the buildings thereon of Regulations of North Andover not otherwise hereinafter designated Coun- center line about 200 the center line of Patriot Street; easterly from the northeasterly sid mfly known as Faro's Diner located on the south in question at a corner of the wall at the junction of 4.01 In All Districts try Residence, Village Residence, Neighborhood Business, its intersection with arallel to and 200 feet Street; Southeasterly by a line parallel to and 200 pres( Street, bounded and described as fol- Berry Street and Turnpike Street; thence running east - 4.02 Lot partly in North Andover, Westerly by a portion of a line p side of Osgood erly 445 feet as the wall stands to a stone bound by part elsewhere. General Business or Industrial District is hereby expressly easterly from Patriot Street center line between Bel- feet southeasterly from the southeasterly side line of fly by Barker Street 590 and 15/100 said Berry Street; thence turning and running south- , part in another. declared to be in Rural Residence District. Andover Street and said side line extended tangent all lows: Southeaste 4.03 Lot partly in one zone mont Street and May Street; May Street; the way across Johnson Street between its west and feet; southwesterly in two courses by Osgood Street erly 160 feet to a stone bound on Turnpike Street. The 4.04 Non -conforming Uses. 3.4 COUNTRY RESIDENCE DISTRICTS. Northerly by the center line of esterly east side lines; 221.85 feet and 145 feet; northerly by land of Barker land and premises southeast of this bound being owned 4.05 Non -conforming Uses. Easterly by a line parallel to and 225 feet w e parallel to and 75 feet south- along the bed of an old wall 242 feet; and northeasterly by Mr. Farnham and his wife; thence turning and 4.06 Non -conforming Uses. 3.41 That part of North Andover township surrounding the from the center line of Main Street; Southwesterly by a lin again by land of Barker 8.99 feet, all of said measure- running northwesterly by the wall on said Turnpike 4.1 All Residence Districts. old colonial North Andover Center and extending be- Northwesterly by a line parallel to and 100 feet south- westerly from the southwesterly side line of Johnson ments being as shown on plan of land owned by Stefano- Street 432 feet to a eross wall at the junction of Berry 4.2 Neighborhood Business Districts yond to the particular boundaries recited below, ex- easterly from Sutton Street center line; Street; wicz, North Andover, Mass., August 1947, Charles E. Street and said Turnpike Street; thence northerly 16 General Business Districts cept such areas within said Country Residence zoning Northwesterly by a portion of Main Street center line; Northwesterly by that portion of the southeasterly side Cyr, C. E. feet more or less togiether with any rights or title we 4.3 district boundaries as may subsequently be duly de- f Water Street be- line of Andover Street and said line extended tangent (6) Land in North Andover, together with the buildings 4.4 Industrial Districts. of zoning district. Northeasterly by the center line I all the way across Johnson Street, between a point on fly side of Chicker- may have in the triangle north of the described premises Motels clared to be in any other kind tween Second Street and Merrimack Street and by a mately 75 feet west- thereon, located on the southeaste at Berry Street and turnpike Street. 4.5 Outdoor Lighting Northeasterly and easterly by the thread of Stevens small portion of the center line of Merrimack Street said Andover Street line approxi ith the southwest- ing Road presently known as the Hi -Spot, being bounded (17) A certain parcel of land in North Andover, together 4.6 mill Pond beginning at Stevens street; and Elm Street and by a line parallel to and 225 feet erly along it from its intersection w and described as follows: Beginning at a point in the with the buildings thereon, presently known as Saul's Section 5: Earth Materials Removal, equired and Easterly and northeasterly by the location line of the f Water Street erly side line of Johnson Street and a point on said northwesterly corner of the premises in question on the gasoline filling station, bounded and described as fol - Section 6: Lot Areas & Lot Widths R former railroad right of way (in 1955, used as an southwesterly from the center line I bout 90 feet northeasterly along n the northeast by Specific Exceptions between Merrimack Street and Elm Street and by a Andover Street line a de line southeasterly side of Chickering Road; thence running lows: Said piece of land bounded I Rural Residence electric power line right of way) from its crossing over portion of the center line of Elm Street; it from its intersection with the northeasterly sl Southeasterly 150 feet to a point; thence turning and State Highway Route 114 for a distance of 364.38 feet Country Residence the thread of water inflow to Stevens Pond to a point Northeasterly by the center line of Water Street and of Johnson Street. running southwesterly 155 feet to a point; than turning opposite State Highway Stations #178-179-180-181 and Village Residence on said location line 250 feet northwesterly from said line extended between Elm Street and Clarendon 3.62 Land in North Andover with the buildings thereon bounded and running northwesterly 155 feet to a point on the bounded on the northwest by Commonwealth of Massa - Neighborhood Business Marbleridge Road center line; 250 feet Street, and by a portion of the center line of Claren- and described as follows: southeasterly side of Chickering Road; thence turning chusetts 29.48 feet on the southwest 363.46 feet; and by General Business Generally easterly by a line parallel to and don Street; Beginning at a point on the southwesterly side of and running northeasterly along the southeasterly side land owned by Edward W. Saul on the southeast 85.67 Industrial westerly from the center line of Marbleridge Road be Northeasterly by the center line of East Water Street Middlesex Street, in the northeasterly corner of the of Chickering Road 155 feet to the point of beginning. feet said bounds having been surveyed by Mr. Brasseur Motels tween said former railroad location line and a point between Clarendon Street and Chickering Road, by a premises in question; thence running southwesterly (7) The land in North Andover, with the buildings thereon, and marked by iron pipe. Section 7: Yard Spaces Required on the center line of Johnson Street, 250 feet north- portion of the center line of Chickering Road, by the 180 feet to a point at the intersection of Waverly Road presently known as Woody's, bounded and described as (18) A certain parcel of land in North Andover, together Rural Residence westerly from the center line of Marbleridge Road; center line and the center line extended of Wayne and Harold Street; thence turning and running south- follows: Northerly 226 feet, more or less, by land now with the buildings thereon, presently known as Louisi Country Residence Southerly by a straight line connecting the point afore- Street, so-called, between Chickering Road and Osgood westerly 80 feet to a point; thence turning and running or late of Coolidge, southeasterly, 280 feet, more or less, H. McAloon's, Building Contracting, bounded and Village Residence said on the center line of Johnson Street and a point on Street; northwesterly 200 feet to a point in the south side of by Chickering Street, southerly 30 feet, more or less, described as follows: Beginning at a point in the north - Neighborhood Business the center line of Turnpike Street 250 feet north- Southeasterly by a portion of the center line of Osgood Middlesex Street; thence turning and running north- by land now or formerly of Schruender; and westerly, erly line of Third Street in said North Andover, by General Business westerly from the center line of Hillside Road; Street between Wayne Street and a point on Osgood easterly 66.5 feet to a point; thence running in an 178 feet, by land now or late of one Melamed. land now or formerly of Stevens; thence running west - Industrial Southeasterly by a line parallel to and 250 feet north Street center line 350 feet from its intersection with Easterly direction along the southwesterly side of (8) A parcel of land, with the buildings thereon, presently erly by said northerly line of Third Street 80.0 feet more Motels westerly from the center line of Hillside Road, between Phillips Court center line; Middlesex Street 94.95 feet to the point of beginning. used for a gasoline filling station situated in North or less to a point which is 60.0 feet easterly of the Section 8: Building Heights Permitted Turnpike Street and the Andover town line; town Northeasterly by a line Parallel to and 155 feet north- 3 63 A parcel of land in North Andover, together with the build- Andover bounded and described as follows: South- easterly line of Lot 16 on a plan of Moody Bridges, & Duties Southwesterly by the Nndover-North Andover ps Court that trends described as follows: westerly by Massachusetts Avenue 73 feet; northwest - Section 9 : Board of Appeals, Powers line between Hillside Road and Waverly Road; easterly from that lixie of Philli uch line extended to ings thereon, bounded and thwesterly side of erly by land noNv or formerly of Cahill 124.56 feet; said plan being recorded at Salem, Book 589; thence Section 10: Zoning Amendments Northwesterly and westerly by the various courses approximately S 35", 26' E, and s Beginning at a point on the nor rly of Molloy 110.37 turning and running northerly in a line parallel with Section 11: Enforcement Osgood Stieet; Middlesex Street at the intersection of Middlesex Street northeasterly by land now or forme said easterly line of Lot 16, and 60.0 feet distant there - i and Severability. of the North Andover town line, from the Andover- Southeasterly by a line parallel to and 120 feet south- and Waverly Road in the southwesterly corner of the feet; and southeasterly by Perry Street 66.50 feet. �erly line of Lot 14; said Section 12: Conflict of Laws, Validity Lawrence -North Andover common boundary point on Phillips Court that trends premises in question; thence running northeasterly 120 And also a parcel of land with the buildings thereon, from to a point in the south NORTH ANDOVER ZONING BYLAW of close to Waverly Road, to a point on the North An- easterly from that line of point; thence turning presently known as the Town Line Restaurant, situated point being 60.0 feet easterly from the intersection of dover town line about 150 feet southerly from the approximately S 44", 33' W; of Pleasant Street be- feet along Waverly Road to a on the northeasterly side of Massachusetts Avenue in the easterly line of Lot 16 with the southerly line of May, 1956 center line of Greene Street; Southerly by the center line and running southwesterly 193 feet to a point; thence Lot 14 on said plan; thence running easterly by said SECTION 1: PURPOSES Northerly and northeasterly by a line parallel to and tween a point on said center line 120 feet southeasterly turning and running southeasterly 90 feet to a point North Andover and bounded and described as follows: Lot 14 154.0 feet more or less to land of Keniston; ion with the center line of Phillips in the northwesterly side of Middlesex Street; thence Beginning on Massachusetts Avenue at land now or southeasterly about 132.5 feet; thence north - in Massachusetts General Laws 150 feet southerly from the center line of Greene from its intersect ter lines of Pleasant turning and running northeasterly along the north- formerly of T. E. Foye; thence running northwesterly thence both by Keniston and Stevens land; For the purposes set forth t thereof and in addition Street, between the Lawrence -North Andover boundary Court to the intersection of cen 36 feet to the point by the northeasterly line of Massachusetts Avenue easterly 4.0 feet by Keniston land 206.0 feet to Chapter 40A and all acts in amendmen nd of General Laws Chap- and Linden Avenue; Street and Court Street; line of Court Street westerly side of Middlesex Street I about 273 feet to the southeasterly pier of the bridge thence southeasterly however otherwise said thereto and under the authority thereof a Easterly by a line parallel to and 100 feet westerly Southeasterly by the center of beginning. on Massachusetts Avenue over the Shawsheen River; the point of beginning, or ter 143 and any other enabling laws, the inspection, materials, con- between Pleasant Street and the center line of Bay NOTE ­The Planning Board may recommend that other boundary lines run. f land in North Andover, together struction, alteration and repair, height, area, location and use of, from the center line of Linden Avenue; t southerly State Road extended tangent easterly from Osgood thence turning and running northeasterly, easterly and feel I buildings and structures and the use of land throughout the TownJ Southerly by a line parallel to and 100 fee Street to Court Street; businesses already in existence be zoned as Neighborhood Busl- southeasterly by said River about 420 feet to land now (19) A certain pa resently utilized as a North Andover are hereby regulated as herein provided, and the frorn the center line of Woodstock Street and said line of Bay State Road ex- ness if and when proper descriptions by metes and bounds of such or formerly of said T. E. Foye; thence turning and with the buildings, thereon p follows: Northerly If extended tangent easterly to Massachusetts Avenue; Southerly by the center line properties now used as neighborhood businesses can be obtained, running southwesterly by said Foye land about 225 market, bounded and described as Town is hereby divided into districts as hereinafter designated, de he center line of tended easterly between Court Street and Osgood roviding they meet the requirements for such neighborhood 50 feet by Union Street; thence easterly 105 feet by fined and described, and shown on an official copy of the zoning Northeasterly by that portion of t p ornmended in the proposed revision of the feet to Massachusetts Avenue at the point of beginning. land now or formerly of one McNiff; thence southerly Town Clerk, Massachusetts Avenue between its intersection with a Street; nter line of Osgood Street between businesses ements such bust- Containing about 44400 square feet. 75 feet by lot numbered 4, as shown on said plan; and map, dated June, 1956, as amended, on file with the line parallel to and 100 feet southerly from Woodstock Easterly by the ce Zoning Bylaw. if they do not meet these requir And also a parcel of land with the buildings thereon. which map is hereby made a part of this Bylaw. Street center line extended, and Chickering Road; Bay State Road and Phillips Brooks Road; ks Road nesses may be placed in General Business districts. situated in North Andover on the northeasterly side westerly 120 feet by Lot 2, as shown on said plan. Southeasterly by Chickering Road center line between southerly by the center line of Phillips Broo of Massachusetts Avenue and bounded as follows: Be- (20) A certain parcel of land in North Andover, together SECTION 2: DEFINITIONS Massachusetts Avenue and Phillips Brooks Road; between Osgood Street and Chickering Road; 3.7 GENERAL BUSINESS DISTRICTS. ginning on said road at the southeasterly corner of said with the buildings thereon, presently known as Lund's For the purposes of this Bylaw, the following words and terms as Southeasterly by a portion of Chickering Road center 3.71 Portions of both sides of Main Street and of Water John Carey; thence northeasterly by Garden Center, bounded and described as follows: used herein shall have the meanings or limitations of meaning hereby Northerly by the center line of Phillips Brooks Road Street more particularly bounded and described as follows: lot and land of Starting at the Boston & Maine Railroad right of way defined, explained or assigned: between Massachusetts Avenue and Osgood Street; line; by that portion of the center line of Northerly by a portion of the former Salem Railroad said Carey's land 150 feet to a point; thence north- on Chickering Road and running 300 feet in a north - 2,1 Fi.,%IILY. Any number of individuals living together in one Westerly by the center line of Osgood Street between Southwesterly westerly by land formerly of J. L. Webster by a straight thence Massachusetts Avenue between Chickering Road and a location line; standing near the edge easterly direction to the land of Alice B. Colgate; suite of rooms as a single housekeeping unit, and having one Phillips Brooks Road and Bay State Road; oodstock Easterly by a line parallel to and 165 feet easterly line to and through a maple tree northwesterly along the land of Alice B. Colgate a principal cooking and food storage outfit in common among Northerly by a tangent extension easterly of the cen- line parallel to and 100 feet southerly from W enter line between the former of the Shawsheen River to said river; thence up said distance of 250 feet; thence southerly a distance of 400 ter line of Bay State Road between Osgood Street and Street center line, extended; from Main Street c river bounding by said river to a line drawn from a the Boston & Maine Railroad right of way; them in such suite. Southerly by a line parallel to and 100 feet southerly Salem Railroad location line and Saunders Street; point in the northeasterly line of said road to said river, feet to n & Maine Railroad 2.2 ONE -FAMILY DWELLING. A dwelling built singly and Court Street; line parallel to and 125 feet south- thence 236 feet along the Bosto apart from any other building and intended and designed to Westerly by the center line of Court Street between from the center line of Woodstock Street; Northeasterly by a of Saun- which line is parallel with an 150 feet distant north- right of way to the point of beginning. said Bay State Road center line extended and the junc. Westerly by a line parallel to and 100 feet westerly westerly from the center line of that portion westerly from the northwesterly line of said Carey's gethei be occupied and used exclusively for residential purposes by tion of Pleasant Street, Court Street, Osgood Street from Linden Avenue center line. ders Street that trends in two courses about N 24% land and bound first mentioned; thence southwesterly (21) A certain parcel of land in North Andover, to one family. Southerly by a line parallel to and 150 feet southerly 30' W and about N 45 * 0' W; ,s thereon, presently known as Bill's 2.3 TWO-FANIILY DWELLING. A free standing building in- and Park Street; adstreet by said parallel line on other land formerly of J. L. with the building bed as follows: Bounded tended and designed to be occupie xclusively for Pleasant Street between from Greene Street center line; b Southeasterly by a short portion of the Br Webster to said road; thence southeasterly by said Auto Service, bounded and descri d and used e Northerly by the center line of Southwesterly, westerly and northwesterly y that School southeasterly lot line; easterly by Chickering Road, 250 feet; southerly b) residential purposes by each of not more than two families. the aforesaid junction and Stevens Street; rt portion winding portion of the North Andover town line be- Northeasterly by a line parallel to and 180 feet north- road 150 feet to the point of beginning. westerly by lots #13-43 and 44� LOT. An area of land in one ownership with definite boun- The above three parcels are all included in one tract. Park Street, 150 feet; 2.4 Northwesterly by the center line of that sho allel to and 150 feet southerly from easterly from Main Street center line, and extending (9) Land in North Andover, together with the buildings thence northerly by Franklin Street, 225 feet. daries ascertainable by recorded deed or plan and used or set of Stevens Street between its intersection with Pleas- tween a line par section of the Shawsheen some 700 feet or more in length between said Brad- A certain parcel of land in North Andover, togethei aside and available for use as the site of one or more buildings ant Street and its crossing over the outflow thread of Greene Street, and the inter street School southeasterly lot line and a point on the thereon, presently known as Bulger's Animal Hospital, (22) with the buildings thereon, presently known as Lake. or for any other definite purpose. Stevens Mill Pond, to the point of beginning. River with the Boston & Maine Railruad lucation line at rly of bounded and described as follows: Beginning at a point side filling station, bounded and described as follows ET. A public way, or a private way open to travel by the City of Lawrence boundary. shore of Sutton Mill Pond generally southeaste on the southeasterly side of Chickering Road in the the general public, or a way shown on a plan of a subdivision 3.42 'Inat part of North Andover townsh;p adjoining the westerly ea both sides of Saunders Street near Sutton Pond, the intersection of Second, Main and Water Streets; northwest corner of the premises in question; thence Bounded northerly 180 feet by Osgood Street; north, side of Osgood Street and Stevens Street extending from Sut- 3.52 A small ar Northeasterly by the southwesterly shore of Sutton running southeasterly 125 feet to a point; thence turn- easterly 70 feet by Great Pond Road; easterly 125 feel theretofore duly approved by the Planning Board. by other land of mine; southerly 185 feet by othei The word "building" shall inclu ton Street towards Stevens Mill, as more particularly bounded 2.6 BUILDING. and described below, except such portions of the area wit1iin Northerly by the northerly sideline of that portion of Mill Pond; line at a right angle to Water Street ing and running southwesterly, 200 feet to a point; land of mine; and westerly, 125 feet by other land o: 11 - Saunders Street that trends approximately E 7*, 30' N Southeasterly by a thence turning and running northwesterly 125 feet to a structure," unless the context unequivocally indicates other said Country Residence zoning district boundaries as may and said line extended easterly to the shore of Sutton center line and passing through a point thereon about point on the southeasterly side of Chickering Road; mine. wise. subsequently be duly declared to be in any other kind of zoning 105 feet southeasterly from the center line of Merri- thence turning and running northeasterly 200 feet along (23) A certain parcel of land in North Andover, togethei 2.7 ERECTED. The word "erected" shall include the words Pond; with the buildings thereon, bounded and described a� 4 I "built," "constructed," "reconstructed," "altered ... .. enlarged," district. Northeasterly by the southwesterly shore of Sutton mack Street; of Water Street be- the southeasterly side of Chickering Road to the point follows: First Parcel: Being the land situated in Nortl and "moved." Northwesterly by Sutton Street center line; I Northeasterly by the center line of beginning. ver with buildings there - Northeasterly by Osgood Street center line betAveen lond; Saunders tween Merrimack Street and Elm Street; (10) A parcel of land in North Ando Andover, and bounded northerly 30 feet by land nov 2.8 STORY. That portion of a building contained between any Sutton Street and Stevens Street, and by Stevens Southeasterly by a line at a right angle to Southeasterly by the center line of Elm Street; on. presently including Hollins Service Station and the of Gaumond southeasterly 40 feet more or less b� floor and the floor or roof next above it, but not including the Street center line between Osgood Street and the loca- Street center line at its southerly terminus; Southwesterly by a line parallel to and 225 feet south- Middlesex Market located on Middlesex Street, Massa- Chickering Road; and westerly 40 feet more or les lowest portion so contained if more than one-half of such por- Von line of the former Salem Railroad right of way at Southwesterly by a line parallel to and 180 feet north- Street center line between Ehn chusetts Avenue and Perry Street, bounded and by land now of Melamed, being triangular in shape. tion vertically is below the mean finished grade of the ground easterly from Main Street center line between the line westerly from Water adjoining such building. Stevens Street; n line of the former Salem across Saunders Street southerly terminus and the Street and Merrimack Street; 2.9 HALF STORY. story directly under a slopiDg roof in which Southwesterly by the locatio (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) Second Parcel: Being the land with buidings thereon bounded (36) A certain parcel of land in North Andover with the buildings thereon, presently known as the Den Rock situated in North Andover, and northwesterly, 325 feet more or less by Chickering Road; easterly, Drive -In Theater, bounded and described as follows: Beginning at a point on the northeasterly side of Win - 219.25 feet more or less by Dufton Court; southerly 45.6 feet, more or less, by land of Smith; southeasterly, throp Avenue 990 feet northwesterly from the inter - 209 feet, more or less, by land now of Sn-dth and Mc- less, by land of section of Turnpike Street and Waverly Road; thence running along Winthrop Avenue 815 feet to a point; Murray; southerly, 39 feet, more or Nelb; and westerly 135.4 feet, more or less, by land thence turning and running northeasterly 700 feet to now of Carbonero. a point; thence turning and running southeasterly 660 A certain parcel of land in North Andover; together with the buildings thereon, presently known as Man- feet to a point; thence turning and running easterly 261 feet more or less to a point; thence turning and gano's, being bounded and described as follows.* Be- running southwesterly 596 feet more or less to the point ginning at the easterly line of ChickeringfRoad at a of beginning. point about 225 feet north from the northeasterly line (37) A certain parcel of land in North Andover with the of Pleasant Street; thence running north4A-ly along said buildings thereon, presently known as Fould's Bakery easterly line of Chickering Road 305.62 feet to a'stake; bounded and described as follows: Beginning at a point thence turning and running northeasterly by land NIF at the westerly corner of Beverly and Union Streets and of Village Land Company 35 feet to a pipe; thence running westerly 155 feet more or less by the northerly turning and running southeasterly 263.9 feet to a stake; line of Union Street to a point, then running northerly thence turning and running southwesterly by land of 90 feet more or less to a point, thence turning and Subatch 275 feet to a stake; thence turning and rurming running easterly 155 feet to a point on the westerly ' northwesterly by land of Messina 76.18 feet to point side of Beverly Street, thence turning and running of beginning, containing 50,000 square feet, niore or southeasterly 90 feet more or less to point of beginning. less. (38) A certain parcel of land in North Andover, together A certain parcel of land in North Andover, presently with the buildings thereon, presently known as Robin - known as Verda's Garage together with the buildings son's Express Company, bounded and described as fol - thereon, bounded and described as follows: Beginning lows: Beginning at a point on the northerly side of at an oak stake set in the westerly line of Salem Street, Second Street, thence running northwesterly by land 240 feet more or less north from the intersection of the now or formerly of Stewart 300 feet to land now or westerly line of said Salem Street with the northerly formerly of Lawlor; thence turning and running north - line of Abbott Street; thence running westerly 228.40 easterly by said Lawlor land 58 and 45/100 feet to a feet by land now or formerly of Victor Verda et all point; thence turning and running southeasterly 53 feet to a stake set in the ground; thence turning and to a point; thence turning and running northeasterly running southerly by land heretofore conveyed by us 110 feet to a point; thence turning and running south - to Leopold Michalski 136 feet more or less to a stake easterly 142 and 63/100 feet to a point, the last three set in the northerly line of said Abbott Street; thence courses being by land now or formerly of the Village turning and running easterly by said Abbott Street, Land Company; thence turning and running southwest - 227.30 feet to another stake set in the ground on the erly by two courses 133 and 84/100 feet by land con - said northerly line of Abbott Street; thence turning and veyed by me to George L. Newcomb et ux; thence running with the curved contour of the intersection ol turning and running southeasterly by said Newcomb said Abbott Street and said Salem Street to the left land 100 feet to Second Street; thence turning and and in about a northerly direction 50 feet more or less running southwesterly by Second Street 40 feet to the to another stake set in the said westerly line of said point of beginning; containing 31,915'square feet more Salem Street; thence running northerly by said Salem or less; being shown as Lot "B" on 'Plan of Land in Street 184.40 feet to the point of beginning. North Andover, Mass. Owned by Mary E. Robinson" A certain parcel of land in North Andover, together recorded in the North District of Essex Registry of with the buildings thereon, presently known as the Deeds as Plan No. 2826, being part of the premises con- D&F Concrete Products bounded and described as fol- veyed to me by Daniel J. Grogan by deed dated Decem- lows: Beginning at an iron pin on the northerly side of ber 9, 1929, recorded in said Registry of Deeds book Hillside Road at land of Frank P. and Katherine Hen- 550 page 38. nessy and running in a northwesterly direction along 3.8 INDUSTRIAL DISTRICTS. a wire fence and a stone wall 187.62 feet to an iron 3.81 All that northernmost portion of North Andover township pin; thence turning and running in a southeasterly north of the northerly Lake Cochichewick watershed divide direction by other land of the grantors being parcels line, more particularly bounded as follows: *2 and #3 as shown on said plan 135.85 feet to an Northeasterly by the Haverhill -North Andover bound - iron pin; thence turning and running in a southerly ary between the Merrimack River and a point southerly direction by a hedge and also by lot #3 as shown on of Osgood Street; said plan 61.93 feet to an iron pin on the northerly side Easterly and so theasterly by a line parallel to and of Hillside Road, which pin is 30.95 feet westerly from distant 500 feet easterly from the center line of Osgood an iron pin on the westerly side of the Andover By- Street between the Haverhill -North Andover boundary Pass; thence turning and running southwesterly along and Barker Street; the northerly side of the said Hillside Road 95.95 feet Southeasterly by that portion of the center line of co the point of beginning. Osgood Street between Barker Street and Sutton Parcel 1. A certain parcel of land in North Andover Street; with the buildings thereon, presently known as the Southeasterly and southerly by the center line of that North Andover Paint & Hardware and Desrosler's portion of Sutton Street between Osgood Street and Variety bounded and described as follows: Beginning at Main Street; a point 160 feet southeasterly from the intersection Easterly by the center line of Main Street between of Massachusetts Avenue and Commonwealth Avenue Sutton Street and May Street; on the southwesterly side of Massachusetts Avenue; Southerly by the center line of May Street; thence running southeasterly 310 feet to a point; thence Easterly by a line parallel to and 200 feet easterly turning and running southwesterly 100 feet to a point; from the center line of Patriot Street, between May thence turning and running northwesterly 310 feet; thence turning and running northeasterly 100 feet to Street and Belmont Street; Southerly by the center line of Belmont Street; point of beginning. Parcel H. A certain parcel of land in North Andover Westerly by a short portion of Marblehead Street cen- with the buildings thereon, presently known as the ter line between Belmont Street and the Lawrence - North Andover Paint & Hardware and Desrosier's North Andover town line. Northwesterly and northerly by the North Andover Variety bounded and described as follows: The parcel of land in question is located on the southwesterly side town line between the foot of Marblehead Street and of Massachusetts Avenue beginning at a point at the the Haverhill -North Andover boundary; Southwesterly and westerly by the former location of southwesterly corner of land now or formerly of one Wood Lane. Longbottom; said point being 100 feet southwesterly for the southwesterly line of Massachusetts Avenue and 3.82 A finger of land embracing the Sutton, Osgood, Davis & 160 feet from the southeasterly line of Commonwealth Furber and Stevens Mills, being bounded: Avenue; thence southeasterly 249 feet more or less by Northerly by Sutton Street center line; Northeasterly by a line parallel to and 125 feet south- land now or formerly of Longbottom, Desrosiers, Hen- nessy, Calabrese, Xamal and Hennessy, said line being westerly from the center line of Thornolike Street; 100 feet from and parallel to the southwesterly line of thence by a connecting line parallel to and 200 feet Massachusetts Avenue, to a point 113 feet from the northeasterly from that portion of the former Salem westerly side of Beechwood Street; thence southwest- Railroad right of way location line between a point erly with an interior angle of 90 degrees 300 feet more near the southeasterly end of Thornolike. Street and or less to the Shawsheen River; thence northwesterly Chickering Road; by the Shawsheen River 280 feet more or less to land Southeasterly by a short portion of Chickering Road now or of Turner, thence northeasterly by center line; -formerly land now or formerly of Turner, Williams, Towne, Northeasterly by the former Salem Railroad location Fogerty and McDonough 250 feet more or less to the line between Chickering Road and Stevens Street; point of beginning containing 74,000 square feet more Easterly by Stevens Street center line between the or less. railroad location and Pleasant Street; A certain parcel of land in North Andover with the Southwesterly by Pleasant Street center line to a point buildings thereon, presently known as Welch's Plumb- thereon 120 feet southeasterly from its intersection ing and Heating, bounded and described as follows: Be- with Phillips Court center line; ginning at a point on the southwesterly side of Main Northwesterly by a line parallel to and 120 feet south - Street in the southeasterly corner of the premises in easterly from that line of Phillips Court that trends question; thence running southwesterly along May approximately S 440, 331 W; Street 160 feet to a point; thence turning and running Southwesterly by a line parallel to and 135 feet north - northwesterly 50 feet to a point; thence turning and easterly from that line of Phillips Court that trends running northeasterly 60 feet to a point; thence turn- approximately S 35% 26' E and such line extended ing and running northwesterly 100 feet to a point; northwesterly to Osgood Street; thence turning and running in a northeasterly direction Northeasterly by a portion of Osgood Street center 100 feet along the Boston & Maine Railroad right of line beginning at a point thereon 350 feet northeasterly way to a point in the southwesterly side of Main Street; of its intersection with Phillips Court center line and thence turning and running southeasterly along the extending thence easterly to the center line of Wayne southwesterly side of Main Street 160 feet to the point Street, so-called; of beginning. Southwesterly by the center line of Wayne Street, A certain parcel of land in North Andover with the so-called, between Osgood Street and Chickering Road; buildings thereon, presently known as Pappalardo's Southeasterly by a short portion of Chickering Road Variety and Trombly Service Station bounded and center line; described as follows: 175 feet southerly along Main Southwesterly by East Water Street center line; Street to a point; thence 330 feet westerly along the Southeasterly by a short portion of Clarendon Street Boston & Maine Railroad to a point; thence 50 feet center line; northerly to a point on the southerly side of Sutton Southwesterly by Water Street center line, extended, Street; thence 375 feet northeasterly along the south- between Clarendon Street and a point on Water Street erly side of Sutton Street to the point of beginning. center line about 105 feet southerly from Merrimack A certain parcel of land in North Andover with the Street center line; buildings thereon, presently known as Messina's Market Northwesterly by a line at a right-angle to Water bounded and described as follows: Beginning at a Street center line and passing through a point thereon point at the intersection of Main and Sutton Streets 105 feet southerly from Merrimack Street center line; on the northwesterly side of Sutton Street in the south- Southwesterly by a portion of the southwesterly shore easterly corner of the premises in question. 170 feet of the mill pond, and thence by a portion of a line southwesterly along Sutton Street; thence 60 feet north- parallel to and 180 feet northeasterly from Main Street westerly to the Boston & Maine Railroad right of way; center line; thence 185 feet northeasterly to a point in North Main Northwesterly by a line at a right-angle to Saunders Street; thence 135 feet to point of beginning. A certain parcel of land in North Andover with the street center line at the southerly terminus of Saun- buildings thereon, presently known as the Veteran's of ders Street; Southwesterly by the southwesterly shore of Sutton Foreign Wars, Post 2104 bounded and described as fol- lows: Beginning at a point at the northerly intersec- Mill Pond between the aforesaid line at a right-angle to tion of Park Street and Chickering Road; thence Saunders Street center line at its southerly terminus running northeasterly 170 feet along Chickering Road and the easterly extension of that northerly side line of Saunders Street that trends approximately to a point; thence turning and running easterly 751 E 70*, 30' N; feet to a point on the westerly side of Avon Street; thence turning and running southeasterly 192.24 feet Southerly by that northerly side line of Saunders to a point on the northerly side of Park Street; thence Street that trends approximately E 7% 30' N and said line extended easterly; turning and running westerly in two courses 102.89 feet and 59.79 feet along Park Street to the point of Westerly by a line parallel to and 165 feet easterly beginning. from Main Street center line; A certain parcel of land in North Andover with the Southerly by a portion of the former Salem Railroad buildings thereon, now or formerly of Driver bounded and described as follows: Beginning at a point at the location line; Westerly by Main Street center line between the fon-ner southwesterly intersection of Park Street and Chick- ering Road; thence running in a southwesterly direc- Salem Railroad location line and Sutton Street. 3.83 At Greene Street and the Shawsheen River, being a cer- tion 230 feet along Chickering Road; thence turning tain parcel of land together with the buildings thereon, and running southeasterly 84.7 feet to a point; thence presently known as Wipex Incorporated, bounded and turning and running northeasterly 270 feet to Park described at follows: Beginning at an iron pipe in the Street; thence turning and running westerly 87.2 feet southwest side of Greene Street, North Andover in the to the point of beginning. Northeast corner of the granted premises; thence A certain parcel of land in North Andover with the running in a westerly direction in an are 90.16 feet to buildings thereon, presently known as Young's Club andl a point; thence running southwesterly along saf d Greene the Dairy Queen bounded and described as follows:l Street 280.83 feet to a town bound; thence turning and Beginning at a point at the westerly intersection of running in an irregular southwesterly direction follow - Park Street and Chickering Road; thence running ing along the Shawsheen River to an iron pipe; thence southwesterly 180 feet along Chickering Road to a turning and running southeasterly along land now or point in Main Street; thence turning and running north- formerly of Ivar L. Sjostrom, Jr., 276-18 feet to an iron westerly 250 feet to the intersection of Park and Main Pipe; thence turning and running northeasterly 135.42 Streets; thence turning and running easterly 220 feet feet to an iron pipe; thence continuing to run in a north - along Park Street to the point of beginning. easterly direction 134.88 feet to an iron pipe; thence A certain parcel of land located on High Street, North continuing to run in a northeasterly direction 208.65 Andover numbered Lot 44 on Assessors Plot "52, and feet to an iron pipe on the southwesterly side of Greene with the buildings thereon, presently known as Mann's Street the point of beginning. Variety bounded and described as follows: Beginning 3.84 On the northeasterly side of Turnpike Street, northwest of at a point on the southwesterly side of High Street Hillside Road, a tract of land bounded as follows: in the northeasterly corner of the premises in ques- Beginning at a point in the easterly line of the Salem tion; thence running southeasterly 100 feet to a point; Turnpike, said point being 138 feet northerly from Hill - thence turning and running southwesterly 70.7 feet to a side Road; thence northerly by the easterly line of point; thence turning and running northwesterly 100 Salem Turnpike 719 feet to a point; thence northeast - feet to a point; thence turning and running northeast- erly by a stone wall, 34.05 feet to a point; thence east- erly 69.59 feet to the point of beginning. erly, by the stone wall, 680.42 feet to a point; thence A certain parcel of land in North Andover with the southwesterly, 565 feet to a point; thence southeasterly buildings located thereon, presently known as Hilton's 200 feet to a point in the northerly line of Hillside Road; Variety, bounded and described as follows: Beginning thence southwesterly, by the northerly line of Hillside at, an iron pipe on the northerly side of Middlesex Street Road, 100 feet to a point which is 110.T feet from the in the southeasterly corner of the premises in question; Salem Turnpike; thence northwesterly 91.3 feet to d thence running northerly 100 feet to an iron pipe; thence point; thence southwesterly 100 feet to the point of turning and running westerly 50 feet to an iron pipe; beginning. thence turning and running southerly 100 feet to an SECTION 4: BUILDINGS AND USES PERMITTED, iron pipe in the northerly side of Middlesex Street; AND APPLICATION OF REGULATIONS thence turning and running easterly 50 feet along the northerly side of Middlesex Street to an iron pipe, the 4.01 In the zoning districts above specified and described, the fol - point of beginning. lowing designated buildings and alterations and extensions thereof and buildings accessory thereto and the following des- ignated uses of land, buildings, or parts thereof and use ac- cessory thereto are permitted. All other buildings and uses are hereby expressly prohibited, except those already lawfully existing which by the operation of this provision would hereby become lawfully non -conforming. 4.02 When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. 4.03 When a zoning district boundary divides a lot in one owner- ship; all the zoning regulations set forth in this zoning bylaw applying to the greater part by area of such lot so divided may also be deemed to apply and govern at and beyond such zoning district boundary but only to an extent not more than thirty (30) linear feet in depth` (at a right angle to such boundary) into the lesser part by area of such lot so divided. 4.04 Any lawfully non -conforming building or structure and any lawfully non -conforming use of building or land may be con- tinued in the same kind and manner and to the same extent as at the time it became lawfully non -conforming, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted otherwise by the North Andover Board of Appeals. 4.05 If any lawfully non -conforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conform- ing with the North Andover Zoning Bylaw in the district in which it is located, it shall hereafter continue to conform. 4.06 Any non -conforming building or structure destroyed or dam- aged by fire, flood, lightning, wind or otherwise to the extent of sixty-five (65%) per cent or more of its reproductions cost at the time of such damage shall not be rebuilt, repaired, re- constructed nor altered except for purpose permitted in the zoning district in which such building is located, or except as may be permitted otherwise by the Board of Appeals acting under G.L. Ch. 40A, as amended. - 4.1 IN RESIDENT DISTRICTS. 4.11 Single, duplex or two-family residences and gardens, including the right to convert any one -family dwelling structure to ac- commodate not more than two families provided that: (a) The lot area per structure so converted shall be not less than fifteen thousand (15,000) square feet, and the street frontage width of such lot shall be not less than one hundred (100) feet; (b) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor) area per dwelling unit after conversion,: and that the appearance and character of a one -family dwelling shall be preserved; (c) No major exterior structural changes shall be made except such as may be required for safety by the North Andover building by laws or by Massachusetts General Laws, and that. the whole cost of such alterations shall not exceed fifty (50%) per cent of. the reproduction cost of such dwelling in its condition existing immedi- ately prior to such conversion; and, (d) Stairways leading to the second or any higner floor shall be. enclosed within the exterior walls of the building. 4.12 Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling's o `used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed'six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarilyfor such use. 4.13 Renting a room or, rooms in a dwelling for the office of one professional person, provided there be no display or advertis- ing an such dwelling or its lot other than a professional name plate, or sign not to exceed six (6) inches by twenty-four (24) inches in size. 4.14 Customary home occupations,, provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by. twenty-four (24) inches and Provided that in any dwelling, such customary home occupa- tions shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. 4.15 Schools, libraries, museums, churches, hospitals and con- valescent and rest homes, local passenger stations, also radio, radar, television, or, , radio -telephone ,transmitting or broadcasting towers but not their studios nor offices, and not veterinary or animal hospitals except as further provided else- where in this bylaw. 4.16 Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. 4.17 (a) Farming. of field crops,, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as provided below, stud farms, poultry batteries, fur ranches and dairy farms;;, (b) The keeping on any lot in any residence district of a total of not more than three {3) of any kind or assort- ment 'of animals or birds in addition to the household pets of the family, living on such lot; but not the keep- ing of any animals or birds or pets of persons other than those resident on such lot, except as further pro- vided below; (c) On any lot of not less than three (3) acres area and situated in a not thicklysettled-part of a Country Resi- dence, a Rural Residence or an Industrial District, but only on such lots in, such parts of such districts, vet- erinarians and others may keep more than three (3) animals or birds not necessarily owned by the persons resident on- such lot, provided that on such lots there be no slaughtering, packing or processing of meat, entrails, organs, skins, hides, pelts, fur, feathers or bones, and provided that animal hospitals, kennels, poultry batteries, dairy barns, riding stables and animal auction lots Ave specifically prohibited in all Village Residence -Districts and in all thickly settled parts of Country Residence or of Rural Residence Districts. 4.18 Any accessory, use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. 4.19 On any lot in .any Residence District, garaging or off-street parking, covered or open, of not more than four motor vehicles, of which not more than two may be commercial vehicles, but not ' counting farm trucks nor motor -powered agricultural implements of an agriculturally active farm or orchard on which such vehicles are parked. 4.2 IN' NEIGHBOR1100D BUSINESS DISTRICTS 4.21 Stores not exceeding fifteen hundred (1500) square feet floor area per store for the retail sale of food, 'drugs and other articles . or commodities for use and consumption in neighbor- ing households, but not for the sale of alcoholic liquors in any form, whether on draft, or in packages. No Neighborhood Business District .shall be more than three (3) acres total land area, including offstreet automobile parking spaces. In addition there may be permitted in a Neighborhood Business District an automobile lubricating and gasoline filling station but only on petition, subject to site plan review and approval by the Board of Appeals, after Publichearing ng thereon with due notice given. Automobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts. 4.22 No loading platforms or receiving doors shall be located on the street side of any retail store or other cornmericial building in a Neighborhood Business District. " 4.23 Dwellings, subject to, the same lot size, yard space and all other restrictions and conditions as would apply if such dwell- ings were located in a Village Residence District, also churches, schools, libraries, museums, local passenger stations and mu- nicipal or other public or civic buildings. 4.3 IN GENERAL BUSINESS DISTRICTS 4.31 Retail and wholesale stores, salesrooms, showrooms or places for any professional, artistic or mercantile activity not in- volving large-scale manufacturing on the premises, except that retail bakeries or retail confectioneries in which not more than five'persoris are engaged, in the manufacture and sale on the premises of the bakery or confectionery goods there produced, including ice cream, shall be permitted. 4.32 Banks; offices ' aird municipal, civic or public service buildings such as post ofce, telephone exchange, town offices, school, library, museum,"' church, local passenger station. 4.33 Hall, club, theatre or other place of amusement or assembly. 4.34 Automobile service and filling stations, automobile repair garages including automobile body repairs and painting, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. 4.35 Restaurant, dining room or lunch .room. 4.36 Dwellings subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwellings were located in a Village Residence zoning district. 4.4 IN INDUSTRIAL DISTRICTS 4.41 Any manufacturing, _processing, wholesaling, warehousing or other commercial non -retail activity employing substantially noiseless and inoffensive motive power, and involving quiet machinery and processes, and free from neighborhood disturb- ing odors or agencies, and uses of land and of buildings cus- tomarily accessory to such activity including the busi- ness office of such activity, provided that the appli- cant for a permit to build, expand or alter any manufacturing . industry or other permitted activity or, any activity accessory thereto shall show by written statements or other exhibits attached to the application for such permit that the activity proposed will not be noxious, offensive or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion,, pollution of water ways, emission of corro- sive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or other objectionable characteristics. 4.42 Farming and accessory dairy activities as specified in par graphs 4.17, 4.18 and 4.19; also farm dwellings on prernis actively farmed; and poultry slaughtering, packing and pr cessing but no other meat or animal slaughtering or packir 4.43 Premises of a bank, post office, telephone exchange or tel phone business office, local bus passenger station, airport. 4.44 On petition, subject to site plan review and approval by t1 Board of Appeals after a public hearing thereon with d notice given, an automobile service and filling station, a mot( a diner, a restaurant, a retail food store, but not other rets stores of any kind. 4.45 Expressly prohibited in inaustrial districts are automobi junk yards, automobile outdoor dead storage yards and aut mobile outdoor display yards. 4.5 MOTELS Motels shall be permitted in any zoning district but only accordance with the standards set forth below and only aft, a public hearing by the Planning Board with due notice giv( on application for a motel building permit or for a buildh permit for a motel expansion or alteration costing more th< $500 and only after site plan review and approval by the Pla. ning Board endorsed in writing on the site plan with or wit: out any conditions. 4.51 If application for a permit to build a motel or to alter or ac to a motel at a cost of $500 or more shall be in writing ar shall include a diagram and a statementof the ownershi area, dimensions, boundaries and principal elevations of tl land for which such permit is sought, the names of all a, joining owners as found in the most recent tax list, the loc tions of existing public or private ways nearest such land, ar a plan, profile and cross-sections of all driveways and parkir areas proposed, also the true location and ground coveral outline and dimensions of every building or structures propos( to be erected thereon. One copy of each such application ar plot plan diagram and statement shall be kept on file in tl office of the Building Inspector. ' 4.52 One copy of each such application and diagram and statemei above required shall be filed with the Planning Board with . letter requesting the Board to review the site plan attach( and to hold a public hearing therein. Notice of such publ hearing shall be given by the Planning Board by publicatic at the expense of the applicant in a newspaper of goner. circulation in North Andover and the first appearance of sue published notice shall be twelve days (12) at least before tl date set for such hearing. 4.53 A permit to build a motel or to alter or add to a motel at cost of $500.00 or more shall not be issued by the Buildir Inspector until he has received from the Planning Board written statement of final approval by the Planning Board ( the site plan for such motel or addition or alteration, ar such statement by the Planning Board shall include a recit, of the date on which the Planning Board held the public hea: above required, and a recital of the findings of the Plannir. Board after such hearing, including any conditions imposed b the Planning Board as part of its final approval, and tl Building Inspector shall enforce the fulfillment of such cond tions.. 4.54 In reviewing each such aplication, the Planning Board sha study the motel site plan proposed relative to the healtl safety and welfare of the prospective occupants, also the of cupants of neighboring properties, and users of the adjoinin highway, and the welfare of the town generally, includin amenity and pleasantness of site plans. In addition to con pliance with all of the Land Space and Building Space Requin ments set forth below, the Board shall look for: (a) Traffic safety and ease of access at street and highwa entrances and exits of motel driveways, taking accour of grades, sight distances and distance between suc driveway entrances or exits and the nearest existin street or highway intersections. (b) Safety and adequacy of motel driveway layout, als of parking and loading areas for motel patrons, an suflfciency of access for service vehicles such as ele( tricity, gas, fuel, telephone, laundry, rubbish remova water, sewer, fire, police, ambulance or other routin or emergency vehicles. (c) Safe and adequate means of sewage, of garbage, an rubbish disposal; of water -supply and fire -fighting whit awaiting the Fire Dept.; of heating and ventilating also of cooking if cooking facilities be furnished. (d) Assurance of positive storm -water drainage and snom melt run-off from all driveways and parking and loac ing areas. Landscaping and building layout such a shall protect proposed motel bedroom windows fror constant night invasion by automobile headlight beam or glare from illuminated signs or driveway lights. (e) Sound -proofing between sleeping rooms; windows nc looking directly from room to room; and lobby or offic space for registration, room keys, and safe -keeping c valuables; also lounge for waiting or writing by patron: 4.55 Motel lot size, land coverage, yard space and building desig regulations: (a) The lot for any motel shall contain not less than thre (3) acres total land area excluding any water bodies c one-half (1/2) acre water service area or more, provide such lot be not less than three hundred (300) feet wid at the frontage street and throughout the first tw hundred (200) feet of depth of such lot, measuring fror the frontage street lot line. (b) No part of any building on a motel lot shall be close than fifty (50) feet to the front lot Iine, rear lot line c either side line of such lot. A green yard space not les than twenty (20) feet wide, measured at a right angl to each of aforesaid lot lines, shall be maintained ope and green with grass, bushes, flowers and trees a along each side lot line or rear lot line of such a to and (except for entrance and exit driveways) a'on the entire front line of such lot, and such yard spac shall not be built on nor paved nor used for automobil parking. (c) There shall be one (bituminous) concrete off-street an offmain driveway paved automobile parking spac( open or roofed, directly adjoining each motel rental uni (d) Building on a motel lot shall not cover more tha twenty-five (2517,o) per cent of the land area of suc lot, excluding any water bodies as above specified. Nc less than seventy-five (755c) per cent of the land are of such a lot shall remain open and un -built on br: such open space may be used for automobile off-stree parking, driveways, sidewalks and motel service yard except that .such use shall not be permitted in an part of the twenty (20) foot wide green perimeter stri above specified. (e) There shall not be erected more than twenty (20 motel rental units per acre of motel lot land are; excluding any water bodies as above specified. (f) Each motel rental unit shall be not less than two hur dred fifty (250) square feet habitable floor area er closed by walls and roof, exclusive of any adjo;nin portions of roofed or covered walkways. Each motel rer tal sleeping room shall not be less than fifteen (15 by fifteen (15) feet horizontial dimensions, exclusive c bath or kitchenette. Each such room shall have a pr vate bath attached. (g) Each motel structure shall contain not less than six (6 nor more than twelve (12) individual motel rental unit: unless each section of twelve (1.2) such units be separ 1 r add ' w from an further ated b a n unbroken. fire a ] Y Y tional such units. Each motel structure shall be of fir( proof construction. Each such structure may be cor nected with other similar structures by a covered wall+ way if of fire resistive materials. Whether or not s connected, the nearest parts of the walls or corners c such structures shall be separated by a land spac otherwise open and unbuilt on of not less than thirt (30) feet, and in which within the area bounded bYth intersecting projections of the side lines of adjacer buildings, there shall be no automobile parking c loading. (h) Buildings on motel lots shall be one-story and not mor than twenty-five (25) feet in height, notwithstand°n any building -height provisions in the zoning district i which such buildings are situated, except that not mor than two apartments for owner or resident manage or other resident staff may be on a second -story nc .to exceed thirty-five (35) feet in height. (i) On each motel lot there shall be provided at least or apartment for a resident owner or manager or oth( responsible staff person. Each such apartment shall b not less than eight hundred (800) square feet floc area. Such apartment many include the rental off ( of the motel, and a lounge o- other public rooms fc the use of motel patrons. Such apartment may be c a second floor as provided in (h) above but only if ov( a lounge or office or other public rooms or storage c supply rooms of the motel. No second story premis( shall be located over any motel rental unit. 4.6 Outdoor Lighting In all zoning districts other than General Business District any outdoor lighting fixture whether temporary or permaner shall be so placed or hooded that the light source therein not directly visible to any motorist and so that the light sour( therein is not directly visible to any point beyond the lot lin( of the premises illuminated by such outdoor lighting fixture. SECTION 5: EARTH MATERIALS REMOVAL 5.1 The removal of sod, loam, soil, clay, sand, gravel, or stone fro; any land in the Town of North Andover not in public use 1. hereby prohibited except such removal as may be authorize in any zoning district by a permit issued by the Board of Al peals and except such removal as is permitted by paragrapf 5.3 and 5.4 of . this section. No such permit shall be issued e. sept upon written application therefore to the Board of Appea with copy to the Planning Board and after a public hearing c such application by the Board of Appeals. Such applicatic shall include a diagram to scale of the land concerned, indica ing existing and proposed elevations in the area to be excavat( and stating the ownership and boundaries of the land f( which such permit is Wight, the names of all adjoining owners as found in the most recent tax list and the approximate loca- tions of existing public and private ways nearest such land. Notice of said private hearing shall be given by publication in a newspaper published in or of general circulation in North Andover twelve (12) days at least before the date of such hearing. 5.2 A copy of any permit granted hereunder by the Board of Ap- peals, stating all of the conditions imposed, if any, including but not limited to limitation of such removal in: (a) extent of time, (b) area and depth of excavation, (c) steepness of slopes excavated, (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent drainage, (f) the posting of security or bond, (g) the replacement of not less than six (6) inches of top- soil over the whole of any area from which earth mate- rials are removed where the location of such removal is afterward to become a residential subdivision, or, (h) in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four (4) inches of top -soil; or a copy of the denial by the Board of Appeals of any applica- tion for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, in- cluding also the Planning Board and the Building Inspector. 5.3 This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone as may be required to be excavated for the purposes of constructing foundations for building or other allowable structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades ap- proved by the Planning Board or by the Board of Appeals or for the purpose of constructing utilities or other engineering works for public service. Nor shall this regulation be deemed to prohibit the transferral of sod, loam, soil, clay, sand, gravel, or stone from one part of a lot, tract or parcel of land to an- other part of the same lot, tract or parcel of land in the same ownership. 5.4 This regulation shall further be deemed not to prohibit the removal of the above specified earth materials by any per- son, firm or corporation who on the effective date of this regu lation shall be lawfully engaged in the business of dealing in or with any of such materials, or shall be a party to an agree- ment for the removal of any thereof, and who shall, within thirty (30) days after such effective date, apply to the Board, of Appeals for a permit for such removal, provided that the period within which such removal may be carried on under this paragraph shall end on the date of formal action by the Board on such application or, if no such application be filed, on the thirtieth (30) day after the effective date of this regulation. SECTION 6: LOT AREAS AND LOT WIDTHS REQUIRED AND SPECIFIC EXCEPTIONS 6.1 In determining the fulfilment of the minimum area and mini- , mum width of lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five (75) feet in length connecting other lines bound- ing such lot which if extended would intersect, the area and width required in such lot shall be computed as if such po- tentially intersecting lines were so extended; but if a curved line more than seventy-five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and mini- mum width required shall be determined entirely within the lines bounding such lot, including such curved line. 6.2 No lot, upon which is then located any building or with re- spect to which a permit has been issued and is then outstanding for the erection of any building, shall be sub -divided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, lot width and yard space requirements of this Bylaw except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or other- wise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public pur- 1 pose for which the land could have been or was taken by emi- nent domain shall not be deemed to be transferred in violation of the provisions hereof. 6.3 IN RESIDENCE DISTRICTS 6.31 In Village Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifteen thousand (15,000) square feet area and not less than one hundred (10,0) feet width at the street frontage, ex cept as may be permitted otherwise by the Board of Appeals in Village Residence Districts as further specified in Section 6.6 below. 6.32 In Country Residence Districts no principal permitted build- ing shall hereafter be erected except on a lot containing not less than twenty-five thousand (25,000) square feet area and not less than one hundred twenty-five (125) feet width at the street frontage. 6.33 In Rural Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifty thousand (50,000) square feet area and not less than one hundred fifty (1510) feet width at the street frontage. 6.4 IN GENERAL BUSINESS DISTRICTS AND IN NEIGHBORING BUSINESS DISTRICTS 6.41 Each lot shall contain not less than twenty-five thousand (25,000) square feet area and be not less than one hundred twenty-five (125) feet width at the street frontage, and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.42 Any yard space or area required to be kept open and unbuilt upon on such lot may nevertheless be used for off-street auto- mobile parking, if otherwise lawful, except that a green strip not less than ten (10) feet wide on which to grow grass, bushes, ' flowers or trees shall be maintained open and green; unbuilt on, unpaved and not parked on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. 6.5 IN INDUSTRIAL DISTRICTS 6.51 Each lot shall contain not less than fifty thousand (50,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.52 Any yard space or area required to be kept open and unbuilt on on such lot may nevertheless, if otherwise lawful, be used for off-street automobile parking, or for outdoor storage of articles, supplies and materials, except that a green strip not less than thirty (30) feet wide on which to grow grass, bushes, flowers or trees, shall be maintained open and green, unbuilt on, unpaved and not parked on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. EXCEPTIONS II 6 6 LOT AREA AND LOT WIDTH 6.61 The lot area and,lot width requirements of paragraph 6.3 shall not apply in any Residence Districts to any lot therein con- taining less area or having less width than above required if such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of 1 and available for combination with or the same owner vacant use in connection with such lot, provided that the front yard, side yard, and rear yard requirements, if any, in effect on the date of recording of such plan or deed shall apply to each such lot. 6.62 In Village Residence Districts only, as to older lots of record of area or width less than the above stated requirements, and only as to such lots if mutually adjoining, vacant, and of the same owner, the Board of Appeals may permit recombination of them into new lots of not less than ten thousand (10,000) square feet area each, or otherwise as may be authorized under G. L. Ch. 40A as amended. 6.63 Notwithstanding any other provision of law, no amendment to this zoning bylaw shall apply to or affect the size, shape, width or frontage of any lot shown on a plan of a subdivision as defined in Section 81-L in Chapter 41 of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter 41 prior to such zoning bylaw amendment., for a period of two years from the date of final subdivison approval by the Plan- ning Board of such plan or until any such lot is divided, which- ever occurs first, without the consent in writing of the owner of such lot, and this provision shall apply only to subdivision plans approved and recorded on or after the effective date of this sub -paragraph. SECTION 7: YARD SPACES REQUIRED 7.1 In all Residence Districts there shall be provided on each lot open yard spaces of not less than the number of feet depth below stated all along the front, rear and each side property tine of such lot, except as may be permitted otherwise by the Board of Appeals in Village Residence Districts only and only in cases therein where the literal enforcement of the number of feet yard depth stated below as to one or more of such yard spaces would cause unusual hardship or severe practical difficulty peculiar to the placement of a building on such lot but not on other lots adjoining or nearby within the same Village Residence Zoning District. 7.2 No building or structure shall hereafter be erected, altered or moved so that any part thereof (except eaves, steps or un- covered porches.) shall be nearer than the number of feet be- low stated from the front, side or rear line of any lot in any Residence District. 7.21 Rural Residence, 30 feet. 7.22 Country Residence, 30 feet. 7.23 Village Residence, 15 feet, except that the front yard on any lot in a Village Residence District shall be either: (a) not less than thirty (30) feet depth, or; (b) a depth not less than the average of. the front yard depths of lots adjoining or within two hundred fifty (250) feet each side of the lot in question, if the exist- ing buildings on such lots front on the same street and are within the same Village Residence zoning district as the lot in question; (c) provided also that where such existing buildings are already more than thirty (30) feet distant from said street line, no part of any new building shall be nearer said line than the average of the front yard depth of such existing buildings on lots adjoining or within two hundred fifty (250) feet each side of the lot in question. T.3 In Neighborhood Business and in General Business Districts there shall be provided on each lot an open yard space of not less than twenty-five (25) feet depth all along the front and along each side property line of such lot except as may be per- mitted otherwise (but only as to front yards and side yards) by the Board of Appeals on petition of the property owner concerned after a public hearing thereon with due notice given. In the rear of every building or structure hereafter erected in any Business District there shall be an open yard space unbuilt upon of not less than thirty-five (35) feet depth. No Building or structure shall hereafter be built, altered, moved, recon- structed, or extended so that any part thereof including load- ing platforms, covered or open, but not eaves, or steps, shall be nearer than twenty-five (25) feet from the front line or side line of any lot in such district, nor nearer than thirty-five (35) feet from the rear line of such lot. 7.4 In Industrial Districts there shall be provided on each lot an open yard space of not less than thirty-five (35) feet depth all along the front line and along each side line of such lot, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residentially zoned, and except that any masonry industrial building built prior to June 1, 1956 and standing and in active industrial use on June 1, 1956 may be restored, repaired or rebuilt on the location where it stood June 1, 1956 without complying with the foregoing yard space requirements but this exception shall not apply to any other buildings. SECTION 8: BUILDING HEIGHTS PERMITTED 3.1 In Residence Districts dwellings shall not exceed two and one- half stories or thirty-five (35) feet in height.. 3.2 In Neighborhood Business Districts dwellings and business structures shall not exceed two and one-half stories or thirty- five (35) feet in height. 3.3 In General Business Districts dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height. 3.4 In Industrial Districts buildings shall not exceed fifty-five (55) feet in height. 3.5 The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than (10) acres area, nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spires of churches or other buildings, provided all such features are in no way used for living pur- poses, and further provided that no such structural feature of any non -manufacturing building shall exceed a height of sixty- five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by per- mission of the Board of Appeals acting under G. L. Ch, 40A as amended. SECTION 9: BOARD OF APPEALS, ITS POWERS AND DUTIES ).1 There shall be a Board of Appeals of five members which shall have and exercise all the powers provided under G.L. Chapter 40A as amended, and which shall hear and decide all matters specifically referred to the Board of Appeals by the North Andover Zoning Bylaw and other matters referred to such Board by statute. On each appeal arising under the North Andover Zoning Bylaw, the Board of Appeals shall hold a public hearing of which notice shall be given by publication in a newspaper of general circulation in North Andover twelve (12) days at least before the date of such hearing. The Board shall also notify by registered mail all owners of property with- in three hundred (300) feet of the boundaries of each'lot or lots involved. Such notices shall be mailed to such owners at the addresses appearing for them in the most recent town tax listing of said owners. SECTION 10: ZONING AMENDMENTS I.1 The Planning Board, on its own initiative, or on petition signed by not less than fifty (50) registered voters of North Andover, shall hold a public hearing on any written proposal to amend the Zoning Bylaw or the zoning map and shall report its recom- mendations thereon, if any, to a North Andover Town meeting. 1.2 Each proposal to change the zoning map shall be made in writ- ing and shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by: (a) Three blackline prints of a diagram to scale showing and stating clearly the dimensions in feet of the land area proposed to be changed as to zone, (b) also a sketch or other explicit identification of the loca- tion of such land in relation to the majority of the rest of the Town. ).3 Notice of the aforesaid public hearing on a zoning amendment shall be given by publication in a newspaper published in or of general circulation in North Andover twelve (12) days at least before date of such hearing and by mailing copies of such notice as published to such parties as the Planning Board may deem interested, at the addresses for such parties as they ap- pear in the most recent North Andover real estate tax records. SECTION 11: ENFORCEMENT .,1 The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation, after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be designated therein by the Building Inspector. Such notice and demand may be given by mail addressed to the owner at the address g a earin for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. ..2 If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this Bylaw. .3 No building shall be erected, altered or moved in North Ando- ver without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector, and he shall not approve an application for a building permit unless the plans for such building and the in- tended use thereof in all respects fulfill the provisions of this Bylaw. ..4 Each application for a permit to build, alter, or move a building shall be accompanied by a plot plan in duplicate drawn to scale showing and stating the dimensions in feet of the lot on which such building is proposed to be erected, altered or moved, also the location and ground coverage dimensions of any building already existing upon such lot, and the location thereon and ground coverage dimensions on such lot of any building or structure proposed to be erected or moved onto it. Such plot plan shall also show each street, alley or right-of- way on or adjacent to the lot in question. One copy of each such application and plot plan shall be kept on file in the office of the Building Inspector. SECTION 12: CONFLICT OF LAWS VALIDITY, SEVERABILITY ?.1 In general this Bylaw is supplementary to other North Ando- ver Bylaws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this Bylaw imposes a greater restriction upon the use, height, area and location of buildings and structures and the use of premises than is imposed by other Bylaws, the provisions of this Bylaw shall control. ?.2 The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, THE NORTH ANDOVER PLANNING BOARD NICHOLAS F. NICETTA, Chairman JOHN B. OSGOOD, Secretary RALPH E. FINCK, Esq. HOWARD L. GILMAN JAMES M. BANNAN N I, � I r I � . I I . I I " 11 - � I " I I i . -A - , o I , I �,_ ..i' "." , , , . I � .1 � ri �a ".J�